Is deferment of publication available in India?
No, there is no provision to defer the publication of a design in India. Once an application is registered, it will be published in the Patent Office Journal ordinarily within one month....
Is it possible to re-register a design in respect of which Copyright has expired?
No, a registered design, the copyright of which has expired cannot be re-registered....
What is the term of registration of a design?
After the registration of a design, the period of the registration of the design is initially ten years from the date of registration. The initial period of registration may be extended by further period of five years, by making an application. This application must be filed before the expiry of the...
What is the date of registration of a design?
The date of registration of an ordinary application is the date of filing of the application in India. In case of convention application, the date of registration is the date of filing of application in the Convention Country....
Is there any mandatory search required prior to filing a design application?
There is no mandatory search required for a design application, and any search is entirely voluntary. Do note that the Intellectual Property Office in India does not as yet have an online facility for searching for design applications, and one has to manually search through the Gazettes for any simi...
Can multiple designs/or multiple embodiments be filed in a single design application in India?
No, multiple designs/or multiple embodiments in a single design application are not allowable in India. A separate design application for each embodiment/ design of the article will have to be filed....
What are the various stages and the timelines involved in the grant of an Indian design?
An Indian design application goes through the following stages, till grant: Filing: For convention design application: Within 6 months from date of earliest filing in the country (s) under Paris convention/WTO. First Examination Report (FER) by the Indian Design Office: A First Examination Report (F...
Can a patent application/ patent be challenged by a third party?
Yes, a patent application/ patent may be challenged by a third party. The provisions available for challenging a patent application/ patent have been summarized in the table below: No. Type of challenge Where When By whom 1. Pre-grant Representation Indian Patent Office Any time during pendency of a...
Can a Controller’s decision refusing the grant of a patent passed in respect of an application be appealed/ challenged?
Yes, it is possible to appeal/ challenge a Controller’s decision refusing the grant of a patent. In this regard, following options are available to the applicant: The applicant may make an application to the Controller for the review of his decision. This application must be made within one month ...
Is it possible to conduct a telephonic hearing with the Controller?
Yes, it is possible to have a telephonic hearing with the Controller. However, it is subject to discretion of the Controller. Also, the provision of video conferencing with the Controller has recently been introduced. This is expected to nullify the requirement of visiting the Indian Patent Office a...
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