no
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 ownerIn India, if:
- the details of the patent are disclosed without the consent of the inventor or any person entitled to the details
- Disclosed in communications with the government regarding previous investigations into the invention or its merits
- Publication at industrial or other exhibitions sanctioned by the Central Government of India
- describe or use the invention in any such exhibition without the consent of the inventor or its proprietor
- a description of the invention in a press intended for or used by the Society
- the applicant, the applicant's successor, or an individual with the consent of the above-mentioned parties, disclosed in the public work when the reasonableness test is carried outThe patent enjoys a novelty grace period within 12 months from the filing date or the priority date.
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
yes
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.
Authorization Fee: None
Annuity: The applicant shall pay the commenced and all due annual fees within 3 months from the date of granted. The annual fee shall be calculated and paid year by year from the third year from the application date, and shall be paid before the application date of each year. Overdue payment may be made within 6 months of the overdue period.
Applicants are required to provide the Indian Patent Office with a report on the work of the granted patent, stating the commercial work status of the patent in the previous year, before March 31 of each year.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
7 months
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.
no