Vakil Help Desk News: the Calcutta High Court has directed the Controller of Patents & Designs to decide a long-pending application to restore a lapsed design registration by 31 December 2026, after the owner approached the Court when his application was not decided in time.
Vakil Help Desk News, IPR. When the Design Office does not decide an application in time, the owner can ask the High Court to direct it to act. In Abdul Nazer v. Controller of Patents & Designs (WPA-IPD 3 of 2026), the Calcutta High Court, through Justice Arindam Mukherjee, did exactly that.
The dispute
The petitioner's design for a "package for food" was registered in July 2014 for an initial term of ten years, extendable by a further five. He did not apply to extend the registration before the initial term ended, so after it lapsed he filed an application to restore it, with the required fees, in November 2025. He complained that the Design Office had not decided the restoration application within the time set by the Designs Rules, and sought a direction (a writ of mandamus) that it be decided.
What the Court held
- The Court did not decide whether the design should be restored — that is for the Controller.
- It directed the Controller (or Deputy/Assistant Controller) to decide the restoration application, after giving the petitioner a hearing, as expeditiously as possible and not later than 31 December 2026.
- The parties were allowed to act on a copy of the order downloaded from the Court's website.
Why it matters
A registered design in India lasts ten years and can be extended by five more — but only if you apply to extend before the first term ends. Miss that, and you must apply for restoration, which is discretionary and slow. The ruling shows that where the office sits on an application, a writ can compel a decision.
What this means for you
Diarise your design, trademark and patent renewal dates. A registered design must be extended before its first 10-year term ends; if you miss it, restoration is uncertain. If the IP office does not decide your application within the time the Rules allow, you can seek a direction from the High Court to compel a decision. We can track your IP deadlines and handle renewals, restorations and such petitions.