- What are the various stages and the timelines involved in the grant of an Indian design application?
An Indian design application goes through the following stages, till grant:
- First application in India: It is recommended to file the first application in India as soon as possible after a design is conceived.
- Convention design application: Within 6 months from the date of earliest filing in the country or countries under Paris convention/WTO.
- First Examination Report (FER) by the Indian Design Office:
- A First Examination Report (FER) is generally issued within 1-3 months from the date of filing of the application in India.
- Reply to FER by the applicant:
- Reply to FER must be filed within six months from the date of filing. Extension of 3 months is available upon payment of the prescribed fee.
- If some objections remain pending, a hearing may be offered.
- The application proceeds to registration if no objections remain pending.
- After the registration of the design, the period of the registration of the design is initially ten years from the date of registration.
- “Date of registration” refers to date of filing of the application in India in case of an ordinary application; and the date of filing of the application in a convention country, in case of convention application.
- Once an application is registered, it is published in the Journal ordinarily within one month.
- Extension of period of copyright:
- The initial period of registration (ten years) may be extended for an additional period of five years, by filing a request for extension. This request must be filed before the expiry of the said initial period of ten years.
- What is the timeline for filing a convention design application in India?
A convention design application must be filed in India within six months from the date of filing the application in a convention country.
- How long does it take for obtaining a design registration in India?
It takes 4-10 months for obtaining a design registration in India.
- How can the applicant expedite the design registration at the Indian Design Office?
The Designs Act does not provide any specific provision for expediting the registration of a design. However, the applicant could expedite the registration by:
- Submitting the formal documents along with the application; and
- Submitting a response to the FER as soon as possible after receiving the first examination report.