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.
- Authorization Fee: None
- Annuity: The renewal fee is paid every 5 years. If the renewal fee is not paid within the time limit, it can be paid within the 6-month grace period and the penalty should be paid at the same time.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
3-8 years
15 years
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.
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 owneryes
7 months
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.