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Application channels
1. Submit the application directly to the IPO (Indian Patent Office);
2. Paris Convention pathway;
3. PCT pathway. -
Application Language
English/Hindi
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Duration
20 years
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censorship
Substantive examination and formal examination
1. Invention name, names and addresses of the applicant and inventor;
2. Patent application (including specification, abstract, drawings, claims, etc.);
3. Authorization letter;
4. Proof of Priority (if any)
After determining the application date, the IPO will review whether the application meets the formal requirements stipulated by law. If the preliminary examination meets the requirements, the application text will be made public 18 months after the application date or priority date and enter the objection procedure before authorization. From the date of application for public disclosure until authorization, anyone may submit a written objection to the IPO. The applicant shall submit a request for substantive examination within 48 months from the application date or priority date. The IPO will conduct a substantive examination of whether the application meets the relevant requirements for patent authorization based on the applicant's request. After substantive examination, if it is deemed that the patent application meets the authorization conditions or successfully responds to the rejection opinion, the patent application will be authorized and announced, and enter the opposition procedure after authorization. Within one year from the date of announcement, any stakeholder may raise a written objection to the IPO. If there is no objection or the objection is ruled to be unfounded through the procedure, the patent will be officially granted. It should be noted that Indian invention patents require an annual fee to be paid from the third year of application.
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Application channels
1. Directly submit an application;
2. Paris Convention pathway;
3. Submit international applications through the Hague system.
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Application Language
English/Hindi
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Duration
From the date of registration, it is 10 years and can be renewed once after expiration. The renewal period is 5 years from the date of expiration of the rights.
The maximum protection period is 15 years.
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censorship
Substantive examination and formal examination
1. Application form and prescribed fees: indicate the applicant's name, address, nationality, product name, classification number, address where services are provided in India, and the signature of the applicant or their agent;
2. Product design drawings, in quadruplicate, must be on A4 paper with appropriate margins (drawings, photos, replicas, computer images, etc. should clearly display the design features from different perspectives);
3. Authorization letter;
4. Priority proof documents (if any).
After receiving a design patent application, the examiner will examine the application materials in accordance with Articles 5 and 44 of the Indian Design Act. If defects are found, the examiner will notify the applicant or their representative. The applicant has 6 months to make modifications to the issues pointed out by the examiner, or they can submit an application and pay the required fees before the deadline expires, extending the deadline by 3 months.
If the examiner does not find any defects or finds that the defects pointed out have been corrected after further examination, the Indian Patent Office will accept the application and issue a notice in the Patent Office journal published every Friday, granting design rights.
It should be noted that the annual fee for Indian design patents only needs to be paid upon renewal.