Is a design application in India eligible for DAS?

In 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 out

The patent enjoys a novelty grace period within 12 months from the filing date or the priority date.

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 31 months from earliest priority date.

yes

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

7 months

3-8 years

no

no

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.