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.
no
In India, if:
- the details of the patent are disclosed without the consent of the inventor or any person entitled to the details
- Disclosed in communications with the government regarding previous investigations into the invention or its merits
- Publication at industrial or other exhibitions sanctioned by the Central Government of India
- describe or use the invention in any such exhibition without the consent of the inventor or its proprietor
- a description of the invention in a press intended for or used by the Society
- the applicant, the applicant's successor, or an individual with the consent of the above-mentioned parties, disclosed in the public work when the reasonableness test is carried outThe patent enjoys a novelty grace period within 12 months from the filing date or the priority date.
Indian Patent Office
English: Indian Patent Office, abbreviation: IPO
Website: www.ipindia.gov.in
Indian Invention Patent Search: Intellectual Property India (ipindiaservices.gov.in)
Filing Language: English Necessary documents:
- Pictures of the design (six-sided views), each page of which should contain a statement of novelty and, if any, a waiver of exclusive rights to the mechanical function of the design and to the trademarks, works, letters and numbers used in the design statement, duly signed and dated.
- A Brief Description
Attachments (if any):
- Power of Attorney
- small entity declaration
- inventor statement
- Scanned Copy of Certified Priority Document / DAS
- English translation of the priority certificate
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
- IDS Form/IDS Document/Family Patent Information Form
- translator statement
20 years
via Paris Convention : 6 months from earliest priority date.
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.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
3-8 years