Sections 72 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.
Sections 72 to 77 are the Registrar's procedural toolkit. He has the powers of a civil court to take evidence and compel documents, can award costs and review his own decisions, must offer a hearing before acting adversely under a discretionary power, takes evidence by affidavit, handles the death of a party, may extend time and may treat a defaulting application as abandoned.
This article reflects the Act as amended up to 3 October 2026 (the Act has not been amended since it was enacted in 2000). Check sicldr.gov.in for later notifications. Sections 72 to 77 have been in force since 1 May 2011. If you are dealing with a pending application, a legal consultation can help sort out which of these powers matter on your file.
In proceedings before him the Registrar has a civil court's powers (evidence, oaths, witnesses, documents, commissions), may award costs subject to the Rules, and may review his own decision on a prescribed application (section 72). He must offer a hearing before using a discretionary power adversely, if the person asks within the prescribed time (section 73). Evidence is by affidavit unless he takes oral evidence (section 74). He may extend time on sufficient cause, with no appeal from that order (section 76), and may treat a defaulting application as abandoned after notice (section 77).
Section 72: powers of the Registrar
In all proceedings before the Registrar:
| Clause | Power |
|---|---|
| 72(a) | All the powers of a civil court for receiving evidence, administering oaths, enforcing attendance of witnesses, compelling discovery and production of documents and issuing commissions for the examination of witnesses |
| 72(b) | Subject to any rules under section 96, to make orders as to costs he considers reasonable; any such order "shall be executable as decree to a civil court" |
| 72(c) | On an application in the prescribed manner, to review his own decision |
The Rules deal with each. Rule 83 allows costs "not exceeding the amount admissible thereof under Schedule I". Rule 84 sets the review route: Form LD-24 with the prescribed fee, within one month of the decision or such further period, not exceeding one month, as the Registrar allows on request, with a statement of grounds, in triplicate where another person is concerned; the Registrar hears the parties and may reject or grant the application, with or without conditions. See Rules 81 to 85.
Section 73: a hearing before an adverse exercise of discretion
"Subject to the provisions of section 76, the Registrar shall not exercise any discretionary or other power vested in him by this Act or the rules made thereunder adversely to a person applying for the exercise of the power without (if so required by that person within the prescribed time) giving to the person an opportunity of being heard."
Two points. The hearing is available on request within the prescribed time, and the opening words exclude section 76 (extension of time), where no hearing is required. Rule 76 sets the time: one month from the date of a notice the Registrar gives before determining the matter, and, if a hearing is requested, ten days' notice of the date. Rule 77 requires the decision to be notified to the person affected. These and other miscellaneous rules are in Rules 75 to 80.
Section 74: evidence by affidavit
"In any proceeding under this Act before the Registrar, evidence shall be given by affidavit." The proviso lets the Registrar "if he thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit". The default is paper; oral evidence is at his discretion. Rule 85 lays down the form of affidavits and who may attest them in India and abroad.
Section 75: death of a party
If a party to a proceeding under the Act (other than a proceeding before the Appellate Board or a court) dies during it, the Registrar may, on request and on proof to his satisfaction of the transmission of the interest, substitute the successor in interest. Alternatively, if he thinks the deceased's interest is sufficiently represented by the surviving parties, he may allow the proceeding to continue without substitution. This matters for a sole inventor-owner whose application or opposition is pending.
Section 76: extension of time
- 76(1). If the Registrar is satisfied, on an application in the prescribed manner with the prescribed fee, "that there is sufficient cause for extending the time for doing any act (not being a time expressly provided in the Act), whether the time so specified has expired or not", he may extend the time, subject to conditions he thinks fit, and inform the parties.
- 76(2). The Registrar need not hear the parties before disposing of the application, and "no appeal shall lie from any order of the Registrar under this section".
The bracket "not being a time expressly provided in the Act" is the key. Periods printed in the Act, such as the three months for opposition, the two months for a counter-statement or the six months for assignment directions, are not extendable under section 76. Some have their own extension (for example, up to one month in the aggregate for opposition under section 11(1)). Rule 75 prescribes Form LD-23 for extension applications, not covered by the Act or by a time for which the Rules provide an extension. The process is not an appeal route, so an extension refused is final on the text.
Section 77: abandonment
"Where, in the opinion of the Registrar, an applicant is in default in the prosecution of an application filed under this Act, the Registrar may, by notice require the applicant to remedy the default within a time specified and after giving him, if so desired, an opportunity of being heard, treat the application as abandoned, unless the default is remedied within the time specified in the notice."
| Step | Content |
|---|---|
| Opinion | The Registrar forms the opinion that the applicant is in default in prosecuting the application |
| Notice | He requires the default to be remedied within a specified time |
| Hearing | If the applicant desires one, an opportunity to be heard |
| Result | The application is treated as abandoned unless the default is remedied in time |
This is a general power. Section 13(3) is a specific one for applications not completed within twelve months by the applicant's default; see sections 13 to 15.
A worked example
A start-up's application is stalled because it has not filed a requested document. The Registrar sends a notice under section 77 requiring the default to be remedied in a stated time. The start-up asks for more time. Because the time in the notice is not a time expressly provided in the Act, section 76 allows an application with the prescribed fee on Form LD-23; if the Registrar refuses, there is no appeal. If the Registrar proposes to act adversely under a discretionary power, the start-up can ask for a hearing under section 73 within the prescribed time, and, after a decision, seek review under section 72(c) within the Rules' period.
Need help with a pending application?
If your application, opposition or review is at a delicate procedural stage, our legal consultation team can explain which of these powers and periods apply to your file.
Key takeaways
- The Registrar has a civil court's powers of evidence, oaths, witnesses, documents and commissions.
- He may award costs and review his own decision on a prescribed application (Rule 84: Form LD-24, one month).
- A hearing is offered before adverse exercise of discretion if requested within the prescribed time.
- Evidence is by affidavit, with oral evidence at his discretion.
- Extensions under section 76 are for times not expressly provided in the Act, and no appeal lies from the order.
- A defaulting application may be treated as abandoned after notice.
Read next
- Sections 78 to 82: preliminary advice and evidence of the register
- Rules 75 to 80: extension, hearings and irregularities
- Rules 81 to 85: costs, review and affidavits
Disclaimer: Based on the Semiconductor Integrated Circuits Layout-Design Act, 2000 (never amended; commencement as notified in 2004, 2011 and 2014) and the Semiconductor Integrated Circuits Layout-Design Rules, 2001 as amended by G.S.R. 689(E) of 14 September 2012, as consulted on 3 October 2026. Check sicldr.gov.in for later notifications and current forms and fees. This article is general information, not legal advice; check the official text before acting.