Design Patent in India

Patent Filing in India
Patent Filing in India

Design fees

For accurate fees in India, contact IIPLA today

Multiple design applications

An Indian design patent application should contain a single design and refer to only one class.

Language and registration of a design patent application in India

In India, English or Hindi is the official language of the design patent registration.

It is important to provide the Indian Patent Office with:

– the application stating full name, nationality, address, address for service in India, the name of the article.

– power of attorney.

– representation of the design;

– payment of the filing fee.

– priority documents.

– class and sub-class of items for which registration is sought.

It is necessary to submit the Priority Document at the time of filing. One can also submit it with an extension of 1-3 months by paying an official fee. The priority documents shall be submitted in English. If it’s in any other language, then a certified translation will be necessary with the priority document.

The term of registering a design patent application

claiming conventional priority in India is 6 months from the priority date. This term could not extend.

The legalization or notarization of the POA is not necessary. It is recommended to provide

the POA simultaneously with the filing of the design patent application in India.

Examination of a design application in India

In India, a design patent application undergoes both formal and substantive examination. There is no need to request for examination. It is done automatically.

Novelty grace period

The novelty grace period for an Indian design patent application is 6 months from the date of the exhibitor disclosure.

According to the legislation, the disclosure is considered as:

– publication of the design patent during or after the exhibition

– exhibiting the design patent at the exhibition

– exhibition or publication of the design patent by any person elsewhere without the consent of the proprietor during or after the exhibition.

Grant, validity term and design renewal fees

Upon grant, the design patent is valid for 10 years from the registration date. This term may be extended for five years if the corresponding request is provided, and the corresponding fee is paid before the expiration of the 10-year term. A grace period of twelve months from the date of registration expiration and a surcharge applied when the renewal fee wasn’t duly paid.

Duration of the registration procedure

Registration of a design patent application takes an average of 7 months, dependent on whether the design process is smooth.

Representation by a patent attorney

All foreign applicants require a registered India patent attorney/agent for performing design patent prosecution. Further, for the foreign applicants, it is mandatory to provide the patent office with the Indian address for correspondence.

If you have any queries related to design patent filing in India, please contact IIPLA team. We will be more than happy to resolve your queries free of cost.

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