What are the various stages and the timelines involved in the grant of an Indian design?
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An Indian design application goes through the following stages, till grant:
- For convention design application: Within 6 months from date of earliest filing in the country (s) under Paris convention/WTO.
- First Examination Report (FER) by the Indian Design Office:
- A First Examination Report (FER) is issued for defects in the application (if any) within six months from the date of filing of the application.
- Reply to FER by the applicant:
- 6 months from date of filing: Extension of time upto 3 months is available upon payment of prescribed fee.
- As soon as possible, if no serious objections are pending. If objections are pending, a hearing may be offered.
- 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 application in India in case of an ordinary application; and date of filing of application in convention country, in case of convention application.
- Once an application is registered, it is published in the Patent Office Journal ordinarily within one month.
- Extension of period of copyright:
- The initial period of registration may be extended by further 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.
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