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.
Indian 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.
15 years
no
yes
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
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.
via Paris Convention : 6 months from earliest priority date.
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 ownerno
20 years