Pursuant to the Indian Designs Act, an Indian application claiming priority from a conventional application must be filed within six months of the earliest filing date.
The following document/information must be provided:
- Representations of the design: Representations of the design depicting various views of the article covering at least perspective view, top view, bottom view, side view and another side view are required at the time of filing. In practice photographs/ computerized representations are preferred over line drawings.
- Name, address and nationality of the Applicant.
- Priority particulars, if priority is claimed.
Subsequently, in order to complete the formal filing requirements, the following documents/
Information must be submitted to the Patent Office:
- Power of authority (POA). A power of authority is required to be submitted in original. It can be filed at any time prior to the acceptance of the application.
- Certified copy of priority document: In case the application in India claims priority from an earlier application filed in a convention country, a certified copy of the priority application along with its duly verified English translation, if the priority document is not in English language is required to be submitted. It is to be filed in original and may be filed along with the design application or at later stages but within three months from the date of filing.
- Assignment document: In case the applicant in the convention country and India are different, the proof of right i.e. a certified/notarized assignment, in original to file the subject application in India is required to be submitted.