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When is the Right Time to File for Design Registration?

When is the Right Time to File for Design Registration?

Design registration protects the unique visual features of a product, ensuring that its creative aspects are legally safeguarded. Knowing when to file a design registration application is essential to maximizing protection and avoiding losing rights.

File as Soon as the Design is Finalized

The best time to file for design registration is as soon as the design is finalized and ready for public use or commercial exploitation. Early filing helps secure the earliest possible priority date, which is crucial because registration works on a "first to file" basis. This means anyone who files first generally has the stronger claim on the design.

Consider the Novelty Grace Period and Disclosure

In India, there is a six-month grace period for novelty when the design has been disclosed under certain conditions, such as exhibition at a recognized industrial exhibition. Within this period, the designer should apply. If the filing is delayed beyond six months after public disclosure, the design may no longer qualify as new, and registration can be refused.

Respect Convention Priority Deadlines

If a design application has been filed first in another country that is part of the Paris Convention or WTO agreements, India allows a filing window of six months from the earliest foreign filing date to file a corresponding Indian application. Missing this deadline can forfeit the right to claim priority and impact the design's legal protection.

Avoid Delays to Prevent Risks

Delaying the filing of the design registration leaves the design vulnerable to copying, infringement, or loss of priority rights. Once the design is made public or commercially available, competitors can try to stake claims or launch similar designs. Early filing limits such risks.

Summary of Timelines

  • File immediately after finalizing the design for best protection.

  • File within 6 months of public disclosure or exhibition (novelty grace period).

  • For foreign priority claims, file within 6 months of the earliest filing abroad.

  • Respond promptly to objections from the Design Office to avoid delays.

Conclusion

Filing the design registration application at the right time is critical to protecting the design effectively. Acting quickly, understanding grace periods, and following priority deadlines ensures the strongest legal safeguard for the design in India and internationally.

 

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