no
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
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
no
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.
7 months
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 owner- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority 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.