Form 3 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The copyright in a registered design runs for ten years from registration, and an extension for a second period of five years is applied for in Form 3 under section 11(2) of the Designs Act, 2000 and rule 23 of the Designs Rules, 2001. This page was earlier titled "Form 22: Extension of Design Term", but in the Second Schedule Form 22 is the request to alter the name, address or address for service in the Register of Designs (rule 31). If your design is nearing its tenth year, our design renewal team can track the date and file the extension.
Under section 11(1), the registered proprietor has copyright in the design for ten years from the date of registration. If, before the expiration of those ten years, an application for extension is made to the Controller in the prescribed manner and the prescribed fee is paid, the Controller extends the copyright for a second period of five years from the end of the original ten (section 11(2)). The application is made in Form 3 (rule 23). The Form 3 fee is Rs. 2,000 for a natural person, startup or small entity and Rs. 8,000 for others, as per the Schedule as substituted in 2021; check the current Schedule.
What Form 22 is actually for
Rule 31 says a proprietor of a registered design may make a request in Form 22 to the Controller for alteration of his name, address or addresses for service in the Register of Designs. The 2021 Schedule fee for Form 22 is Rs. 200 for natural persons, startups and small entities and Rs. 800 for others; check the current Schedule. A related form, Form 23, is for entries of two addresses in the Register under section 10. Neither form extends the term of a design. If you need to update your address before filing the extension, do that in Form 22 and the extension in Form 3. See rules 30 and 31: registering designs and alteration of address.
The rule and the section
| Point | What the Act and Rules print |
|---|---|
| Original term | Ten years from the date of registration (section 11(1)) |
| Extension | A second period of five years from the expiration of the original ten (section 11(2)) |
| Form | Form 3, "Application for Extension of copyright" (Second Schedule; rule 23) |
| When to apply | Before the expiration of the ten years (section 11(2)) |
| Fee | Paid on the application, as prescribed (section 11(2); First Schedule entry 3) |
| Where filed | The Head Office or a branch office of the Patent Office; rule 3(3) allows an application for extension of copyright to be filed at a branch office, which sends it to the Head Office (rule 3(4)) |
The statute is explained in section 11: copyright on registration and extension, and the rule in rules 22 and 23: publication of registered design and extension of copyright. For the wider term question, see term of design registration: ten years extendable to fifteen.
Reckoning the ten years
Rule 30(3) says that where a reciprocity date has been allowed for an accepted design, the registration, the extension or the expiration of the copyright is reckoned from that reciprocity date. Check the certificate and the Register entry before you diarise.
Fees as per the 2021 Schedule
| Form | Purpose | Natural person, startup or small entity | Others |
|---|---|---|---|
| 3 | Extension of copyright, section 11(2) | Rs. 2,000 | Rs. 8,000 |
| 22 | Alteration of name, address or address for service | Rs. 200 | Rs. 800 |
These figures are as per the Schedule as substituted in 2021; check the current Schedule. The article on rule 5: fees and mode of payment explains the categories.
What happens if the ten years pass without an application
Section 12(1) provides for restoration where a design has ceased to have effect because the fee for extension was not paid. The proprietor or his legal representative may apply within one year from the date on which the design ceased to have effect, in the prescribed manner and on payment of the prescribed fee. Under rule 24(1), the restoration application is made in Form 4, and the Controller restores the design only if satisfied that the failure to pay was unintentional and that there was no undue delay (section 13(1)). The unpaid extension fee and an additional fee are then paid within a month of the Controller's order (rule 25(1)). Rights are subject to the protections in section 14 for persons who began using the design during the gap. Restoration is a recovery route, not a substitute for filing Form 3 on time. See Form 4: restoration of a lapsed design and rules 24 and 25.
Common mistakes
- Using "Form 22" because an older title said so. It only alters the name or address in the Register.
- Filing the extension after the ten years have passed. Section 11(2) requires the application before the expiration.
- Counting from the filing date when a reciprocity date was allowed.
- Assuming the term can be extended more than once. Section 11(2) provides for one second period of five years.
Need help with a design extension?
Missing the tenth anniversary means a restoration application instead of a routine extension. Our design renewal service tracks the dates, prepares Form 3 and, if needed, Form 22 and the restoration route.
Key takeaways
- The extension of design copyright is applied for in Form 3, not Form 22.
- The term is ten years, extendable once for five years (section 11).
- The application must be made before the ten years expire.
- Form 22 alters the name, address or address for service in the Register.
- Fees are as per the 2021 Schedule; check the current Schedule.
Read next
- Rules 22 and 23: publication and extension of copyright
- Section 11: copyright on registration and extension
- Rules 30 and 31: registering designs and alteration of address
- Restoration of a lapsed design registration
Disclaimer: Based on the Designs Rules, 2001 as notified in 2001 and amended in 2021 (G.S.R. 45(E)), and the Designs Act, 2000, as consulted on 1 October 2026. Later amendments, forms and fees should be checked in their current form. This article is general information, not legal advice.