Form 4 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.
A design that has ceased to have effect because the extension fee was not paid can be restored by an application in Form 4 under section 12 of the Designs Act, 2000 and rule 24 of the Designs Rules, 2001, made within one year from the date the design ceased to have effect. This page was earlier titled "Form 3: Application for Restoration of Lapsed Design", but in the Second Schedule Form 3 is the application for extension of copyright under section 11(2). If your design has lapsed, our design renewal team can assess the position and prepare the restoration papers.
Section 12(1) lets the proprietor or his legal representative apply within one year from the date on which the design ceased to have effect. The application is made in Form 4 (rule 24(1)) and must contain a verified statement of the circumstances that led to the failure to pay the fee (section 12(2)). The Controller restores the design if satisfied that the failure was unintentional and there was no undue delay (section 13(1)). The unpaid extension fee and an additional fee are then payable within a month of the Controller's order (rule 25(1)). Form 4 costs Rs. 1,000 for a natural person, startup or small entity and Rs. 4,000 for others, as per the Schedule as substituted in 2021; check the current Schedule.
What Form 3 is actually for
Form 3 is "Application for Extension of copyright" under section 11(2), made in the prescribed manner under rule 23 before the expiration of the original ten years of copyright. If the Controller is satisfied and the fee is paid, the copyright is extended for a second period of five years. So Form 3 prevents a lapse, and Form 4 repairs one. Read rules 22 and 23: publication and extension of copyright and section 11 for the extension itself.
Who can apply and when
| Point | What the Act and Rules print |
|---|---|
| When a design lapses | When it has ceased to have effect by reason of failure to pay the fee for extension of copyright under section 11(2) (section 12(1)) |
| Applicant | The proprietor or his legal representative; where the design was held jointly, one or more of them without joining the others, with the leave of the Controller (section 12(1)) |
| Time | Within one year from the date on which the design ceased to have effect (section 12(1)) |
| Form | Form 4 (rule 24(1); Second Schedule, "Application for restoration of lapsed design") |
| Verification | A statement, verified in the prescribed manner, setting out fully the circumstances that led to the failure to pay (section 12(2)) |
| Signature | Rule 8 requires documents specified in section 12 to be dated and signed at the foot, with a statement that the facts stated are true according to the signatory's knowledge, information and belief |
The Act is explained in sections 12 to 14: restoration of lapsed designs and the rules in rules 24 and 25: restoration of designs and payment of unpaid fee. Our guide on restoration of lapsed design registration covers the wider process.
What the Controller does next
Under rule 24(2), after considering the application and any evidence, if the Controller is satisfied that a prima facie case for restoration has not been made out, he intimates the proprietor, and unless the proprietor requests a hearing within one month of that intimation, the Controller refuses the application. Under rule 24(3), if the proprietor asks for a hearing in time and the Controller, after hearing, is prima facie satisfied that the failure to pay the extension fee was unintentional, he allows the application. Section 13(1) adds that he must be satisfied that there was no undue delay in making the application. As a condition of restoration, the Controller may require entry in the Register of any document or matter that should have been entered but was not (section 13(2)).
After the order, rule 25(2) requires the Controller to advertise his decision in the Official Gazette.
Fees as per the 2021 Schedule
| Item | Natural person, startup or small entity | Others |
|---|---|---|
| Form 4: application for restoration (entry 4) | Rs. 1,000 | Rs. 4,000 |
| Additional fee for restoration (entry 5) | Rs. 1,000 | Rs. 4,000 |
| Unpaid extension fee, Form 3 (entry 3) | Rs. 2,000 | Rs. 8,000 |
These are the fees as per the Schedule as substituted in 2021; check the current Schedule. The First Schedule article is fees for registration, renewal and other matters.
Effect on third parties
Section 14 says the rights of the proprietor of a restored design are subject to the provisions that may be prescribed and to conditions the Controller thinks fit to impose for the protection or compensation of persons who began to use the design, or took definite steps to do so, between the lapse and the restoration. It also says no suit or proceeding can be commenced for piracy or infringement of copyright committed between the date the registration ceased and the date of restoration.
Common mistakes
- Filing "Form 3" because an older title said so. Form 3 is the extension, not the restoration.
- Waiting more than one year after the lapse. Section 12(1) fixes the period.
- A statement of circumstances that is vague or unverified.
- Not asking for a hearing within the one month in rule 24(2).
- Forgetting to pay the unpaid extension fee and the additional fee within a month of the order (rule 25(1)).
Need help with a lapsed design?
Time is short, and the evidence of an unintentional failure has to be assembled quickly. Our design renewal service can prepare the Form 4 application, the verified statement and the hearing papers, and then arrange payment of the fees after the order.
Key takeaways
- Restoration of a lapsed design is Form 4 under section 12 and rule 24, not Form 3.
- The application must be made within one year from the date the design ceased to have effect.
- The failure must have been unintentional, and there must have been no undue delay.
- The unpaid extension fee and additional fee are payable within a month of the order.
- Form 3 is the extension of copyright under section 11(2).
Read next
- Rules 24 and 25: restoration of designs and payment of unpaid fee
- Sections 12 to 14: restoration of lapsed designs
- Section 11: copyright on registration and extension
- Restoration of 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.