INDIAN PATENT, DESIGN AND TRADEMARK APPLICATIONS

INDIAN PATENT

India is a member of the International Patent Convention and of the PCT.

The filing of a PCT National Phase application in India costs, on average, about US$ 3 000.00 (as of January 2008) inclusive of the filing of a preliminary amendment to bring the claims into conformity with local patent law. Sometime thereafter, substantive examination must be requested at a cost of about US$ 500.00. If the Examiner objects to some or all of the claims, prosecution costs of at least US$ 1 500.00 can be expected. Should the Examiner accept the application, publication and grant costs of about US$ 400.00 will be payable (excluding outstanding renewal fees, if applicable).

Please click on the title "Foreign Filings and the PCT" for general information on foreign patent filings.

INDIAN DESIGN

India is a member of the Paris Convention for the Protection of Industrial Property.

An Indian design is defined as the features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article (whether in two-dimensional or three-dimensional form) by any industrial process or means, whether manual, chemical, or mechanical, separate or combined, which in the finished article appeal to and are judged solely by the eye.

Excluded from design protection are modes of construction, mechanical devices, trade marks, and artistic works defined in copyright laws.

The requirement for a valid design is that the design must be new or original. Accordingly, the design must now have been disclosed to the public anywhere in the world before the date of application. Originality is defined so that a design is not registrable if it is not significantly distinguishable from a known design or combinations of known designs.

At filing of an Indian design, the design will be examined as to form, registrability and as to anticipation by any design already registered in India.

The duration of an Indian design is 15 years, subject to a renewal after ten years.

For further details relating to the filing of an Indian design, please contact us. Please click on the title "Foreign Design Applications" for general information on foreign design filings.

INDIAN TRADEMARK

India is a member of the Paris Convention under which any resident of a Convention country is entitled to claim the priority date of a first application made in a convention country as that of any subsequent application in any other Convention country within a 6 month period.

An Indian trademark is defined as any mark which is distinctive, or capable of becoming distinctive, of goods for which it is sought to be registered. Accordingly, a mark is deemed distinctive if it is adapted to distinguish goods with which a person is connected in the course of trade from goods in respect of which no such connection exists.

The Indian trademark application is subject to a search into registrability upon filing thereof. If the application is in order, the application is published with a 3 month opposition period. If no opposition is made, the mark is registered as from the date of application.

The duration of an Indian Trademark is 10 years from date of application, renewable indefinitely for further 10 year periods.

For more information on the individual countries, please select an appropriate country from the pull-down "Select a region" list at the top left hand side of this page or return to our home page and select a country using the interactive map of the world.