Faq

1. Can a lapsed design be restored? A design registration will lapse on termination of ten years’ period from the date of registration if the extension fee for a further term of five years is not paid before the expiry of the original period of ten years. A lapsed design could be restored for a further period of five years by filing an application within one yea......

1. Can a design application or a registered design be opposed? Only a registered design can be opposed. There is no provision to oppose a design application. 2. What are the grounds for cancellation of a registered design? Cancellation petitions are filed under Section 19 of the Designs Act, 2000. Following grounds are available: the design has been prev......

Can the examination of a patent application in India be expedited?  Ans. An applicant may file a request for expedited examination at any time within thirty one (31) months of the date of filing or date of priority, whichever is earlier if: a) the applicant is any one of the following: - a start-up, - a small entity, - a female applicant, - in case of ......

What types of amendments to a patent application can be made in India?  Document/ information which could be amended When Comments Name, address of applicant/inventor -          Anytime during the pendency of application; -          After grant Documentary evidence will be required to change/ correct the name/ address of the inventor(s)/ app......

What are the key requirements that a patent applicant is required to comply with after the grant of a patent in India?  Ans. There are three key  requirements that a patent applicant must comply with after the grant of a patent in India, which are as follows: Pay renewal fees to maintain the patent File the statement of working of patent in India U......

When is a Foreign Filing License (FFL) required in India?          Ans. An FFL is required when a patent application is proposed to be filed outside India in            the following case: a) the applicant or the inventor(s) is a resident of India, and b) the applicant or the inventor does not wish to file a patent application in India prior to filing o......

What are the advantages or marking in your country and is it a legal requirement? Ans. While practically, the Courts do not refuse enforcement of patent for non-marking, the legal provisions provide that in a suit for infringement of a patent, damages or an account of profits shall not be granted against a defendant who proves that at the date of the infringe......