Application Stages And Timelines

1. 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:

1. Filing:
   • 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.
2. 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.
3. 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.
4. Hearing:
   • If some objections remain pending, a hearing may be offered.
5. Registration:
   • 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.
6. Publication:
   • Once an application is registered, it is published in the Journal ordinarily within one month.
7. 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.

2. 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.

3. How long does it take for obtaining a design registration in India?

It takes 4-10 months for obtaining a design registration in India.

4. 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.