The Renewal or extension of a copyright of a registered Design can be extended for a time period of 5 years. The Renewal can only be done after the expiration of the original time period of 10 years of the Registration of Design. The Controller does the Renewal of Design after the registered proprietor fulfills all the requirements.
When and how should I apply for renewal?
An application for Renewal or extension of copyright of Design should be filed before the expiry of the validity period that is 10 years as per the Form 3.
How long will it take?
Upon receiving the application of renewal, the proceedings of Renewal or extension of Copyright of Designs has to be completed within one week from the date of receipt of Form-3. The Renewal or extension of copyright in a registered Design should be entered in the Register of Designs and published in the Patent journal
Procedure for Renewal of Design
The procedure for Renewal or extension of Design in India is as follows
- The applicant is required to file for an application of Renewal or extension of Design with the Design Wing.
- The application of Renewal or extension of Design should be filed in Form-3 as prescribed under Rule 23 of the Design Rules, 2001.
- After receiving the application of the Renewal or extension of Design, the Design Wing will check for the date on which the application is filed and will scrutinize whether the applicant has filed the application within the prescribed time period or not.
- The Design Wing, when it is satisfied that the application is filed in the time limit prescribed, will approve the application for Renewal or extension of Design.
- After allowing the Renewal or extension of Design, the Design Wing should enter in the Register of Design the fact of Renewal or extension of Design.
- The Design Wing should also publish the fact of Renewal or extension of Design in the Journal of Patent Office in India.