Chapter III - Copyright in Registered Designs
Section 12
Section 12: restoration of a lapsed design
A design that lapsed because the five-year extension fee was not paid may be eligible for restoration. The proprietor or legal representative must apply within one year of cessation and explain the missed payment in a verified statement.
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Need advice on Section 12?
This article is for general information. Refer to the Designs Act, 2000 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) Where a design has ceased to have effect by reason of failure to pay the fee for the extension of copyright under sub-section (2) of section 11, the proprietor of such design or his legal representative and where the design was held by two or more persons jointly, then, with the leave of the Controller one or more of them without joining the others, may, within one year from the date on which the design ceased to have effect, make an application for the restoration of the design in the prescribed manner on payment of such fee as may be prescribed.
(2) An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary.
Introduction
Section 12 provides an application route, not automatic renewal. It applies specifically where the design ceased because the section 11(2) extension fee was missed. The Controller's decision and the consequences of restoration are governed by sections 13 and 14.
Key takeaways
Limited ground
This restoration route addresses lapse caused by failure to pay the extension fee under section 11(2).
One-year limit
Apply within one year from the date the design ceased to have effect.
Explain the default
The verified application must fully describe why the fee was not paid, and the Controller can request further evidence.
Confirm the lapse date and reason
Check the register, original term and extension deadline. Section 12 is available only for lapse caused by non-payment of the section 11(2) extension fee; the one-year window runs from cessation.
Identify the applicant
The proprietor or legal representative may apply. If the design was jointly held, one or more joint holders can apply without the others only with the Controller's leave.
Prepare Form 4 and evidence
Rule 24 of the Designs Rules, 2001 specifies Form 4. Include the verified account of the missed fee and supporting records; respond to any further evidence request from the Controller.
Wait for the restoration decision
Filing does not itself revive rights. Section 13 requires the Controller to assess whether non-payment was unintentional and whether the application was made without undue delay, with unpaid and additional fees payable on restoration.
Practical checklist
Do
- Record the cessation date and file within one year.
- Use the current Form 4 and fee schedule, and retain the verified explanation and proof of payment.
- Check the Controller's order and the register before asserting restored rights.
Avoid
- Do not treat any kind of design cancellation as a section 12 fee-lapse case.
- Do not assume the design is restored merely because Form 4 was filed.
Glossary
- Lapse
- Cessation of the registered design right here because the extension fee was not paid.
- Legal representative
- A person legally entitled to act for the proprietor, where applicable.
Frequently asked questions
How long is the restoration application window?
Section 12(1) allows an application within one year from the date the design ceased to have effect.
Can one joint proprietor apply alone?
One or more joint holders may apply without joining the others only with the Controller's leave.
Does filing Form 4 automatically restore the design?
No. The Controller considers the application and evidence under section 13 before restoration.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026