via Paris Convention : 6 months from earliest priority date.
no
Indian Patent Office
English: Indian Patent Office, abbreviation: IPO
Website: www.ipindia.gov.in
Indian Invention Patent Search: Intellectual Property India (ipindiaservices.gov.in)
The IPO conducts formal and substantive examinations of design patent applications. The substantive examination starts automatically, and the applicant does not need to submit a separate substantive examination request.
Filing Language: English Necessary documents:
- Pictures of the design (six-sided views), each page of which should contain a statement of novelty and, if any, a waiver of exclusive rights to the mechanical function of the design and to the trademarks, works, letters and numbers used in the design statement, duly signed and dated.
- A Brief Description
Attachments (if any):
- Power of Attorney
- small entity declaration
- inventor statement
- Scanned Copy of Certified Priority Document / DAS
- English translation of the priority certificate
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
- IDS Form/IDS Document/Family Patent Information Form
- translator statement
3-8 years
Filing Language: English
via Paris Convention via Nationalization of PCT Necessary documents:
- Abstract
- Abstract Drawing
- Claim
- Specification
- Drawing
Necessary documents:
- Abstract
- Abstract Drawing
- Claim
- Specification
- Drawing
Attachments (if any)
- Sequence Listing (PDF format and TXT format)
- Microorganism preservation certificate and its English translation
- Microorganism Survival Certificate and Its English Translation
- Power of Attorney
- small entity declaration
- inventor statement
- Scanned Copy of Certified Priority Document / DAS
- English translation of the priority certificate
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
- Notification issued by CNIPA notify the applicant the application has passed through the security review
- IDS Form/IDS Document/Family Patent Information Form
- translator statement
Attachments (if any)
- WIPO Publication
- ISR/IPRP
- Entry into the Indian national phase 19/28/34/41 amended
- Sequence Listing (PDF format and TXT format)
- Microorganism preservation certificate and its English translation
- Microorganism Survival Certificate and Its English Translation
- Power of Attorney
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
- IDS Form/IDS Document/Family Patent Information Form
- translator statement
via Paris Convention : 6 months from earliest priority date.
15 years
The grace period for novelty of an Indian design application is 6 months from the date of disclosure, provided the exhibitor has given prior notification to the Patent Office in the prescribed form. According to the provisions of the Indian Patent Act, the manner of disclosure shall be:
- Presentation of designs at industrial or other fairs
- Publication of the design during or after the exhibition
- Display or publication of designs or design descriptions by third parties during or after the fair without the consent of the design ownerIndian invention patents need to undergo formality examination and substantive examination, and the applicant/anyone should submit a request for substantive examination within 48 months from the filing date.