Rules 22-23 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.
Rule 22 says what the Controller publishes in the Official Gazette once a design is accepted. Rule 23 says that an application to extend the copyright in a registered design is made in Form 3. The two rules are short, but they mark the beginning and the end of the first term of protection: publication when registration is directed, and Form 3 when the owner wants to carry the copyright further. If you own a registered design, our design renewal team tracks the extension date for you.
On acceptance, the Controller directs registration and publication in the Official Gazette of the particulars of the application and the representation of the article, and may select one or more views of the design for the Gazette. An application to extend copyright under section 11(2) is made in Form 3. As per the Schedule as substituted in 2021, the fee is Rs 2000 for natural persons, startups and small entities and Rs 8000 for others.
Source note
Rules 22 and 23 are read as notified in 2001; the Designs (Amendment) Rules, 2021 (G.S.R. 45(E)) did not change them, but substituted the First Schedule with the fee for Form 3. The 2014 amendment (G.S.R. 925(E)) is not in the sources consulted, and later amendments should be checked. Rule 22 works with sections 7 and 8 of the Designs Act, 2000 on publication, and rule 23 with section 11 on copyright and its extension.
Rule 22: publication of the particulars under section 7
The heading is "Publication of the particulars of registered design under section 7". The rule says:
"On acceptance of the design filed in respect of an application, the Controller shall direct the registration and publication of the particulars of the application and the representation of the article to which the design has been applied, in the Official Gazette."
| Element | What the rule says |
|---|---|
| Trigger | acceptance of the design |
| Who acts | the Controller |
| What he directs | registration, and publication of the particulars of the application and the representation of the article |
| Where | the Official Gazette |
The second sentence gives the Controller a choice: "When publishing in the Gazette, the Controller may select one or more views of the representation of the design, which, in his opinion, would depict the design" most clearly. (The source uses a superlative word; it is paraphrased here.) So the Gazette need not reproduce all the views the applicant filed; the Controller picks the views that show the design in his opinion most clearly.
Two practical points follow. First, an applicant's drawings (see rule 14) may be reduced to a selection when published. Second, publication follows acceptance, so a design that is not accepted is not published under this rule. The rule does not give a time for publication and does not say what the particulars include beyond the application and the representation.
Rule 23: extension of copyright under section 11(2)
"An application under sub-section (2) of section 11 shall be made in Form -3."
That is the whole rule. Form 3, in the Second Schedule, is titled "Application for Extension of copyright" under section 11(2). The rule does not say when the application must be made, who may make it, or what the Controller does with it. Those are matters for the Act.
What the Act provides
The Act, as enacted, gives copyright in a registered design for ten years, extendable by five. For the provision and the period for applying, read section 11 of the Act and our guide on the term of design registration. The Rules add the form and the fee.
The fee
The First Schedule as substituted in 2021 lists "On application for extension of copyright under section 11(2)" at entry 3, Form 3: Rs 2000 for natural persons, startups and small entities, and Rs 8000 for others, alone or with natural persons, startups or small entities. This is as per the Schedule as substituted in 2021. Check the current Schedule before paying. Under rule 3(3), an application for extension of copyright, along with the prescribed fees, may be filed at a branch office, which forwards it to the Head Office.
If the extension is missed
If the extension fee is not paid, the design lapses; restoration is under section 12 and rules 24 and 25, in our article on rules 24-25. Restoration is made in Form 4 and carries an additional fee.
Illustrations (invented)
Publication. Greenline Cookware's design for a pressure cooker is accepted. The Controller directs registration and publication. The Gazette carries the particulars and, from Greenline's six views, the two views the Controller selects, as he is allowed to do.
Extension. Anil Pottery Works holds a registered design and wants copyright for the further period. It makes the application in Form 3 under section 11(2) and pays the fee in the column that applies: the first column if Anil is a natural person, startup or small entity (with Form 24 where status is claimed), the second if not.
What the rules do not say
- Rule 22 does not say when the Gazette publication happens or how many views are published.
- Rule 23 does not say when to apply or who may apply.
- Neither rule sets out the consequence of non-payment; that is in the Act and in rules 24 and 25.
- The rules do not describe online publication or online filing of Form 3.
Need help extending your design copyright?
A missed extension can mean a lapsed design and a restoration process. Our design renewal team keeps a calendar of your registered designs and files Form 3 in good time.
Key takeaways
- On acceptance, the Controller directs registration and publication in the Official Gazette.
- He may select one or more views of the design for the Gazette.
- An application to extend copyright under section 11(2) is made in Form 3.
- As per the Schedule as substituted in 2021, the fee is Rs 2000 or Rs 8000 depending on the category of applicant.
- The 2014 amendment is not in the sources consulted; check later amendments.
Read next
- Rules 18-21: objections, hearing, decision, date for appeal and abandonment
- Rules 24-25: restoration of designs and payment of unpaid fee
- Term of design registration: 10 years extendable to 15
Disclaimer: Based on the Designs Rules, 2001 as notified and the Designs (Amendment) Rules, 2021, as consulted on 1 October 2026. Other amendments may apply; fees and forms change from time to time. This article is general information, not legal advice; check the official text before acting.