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Is there a grace period for the novelty requirement?

Is there a grace period for the novelty requirement?

There is a grace period of six months for disclosure of a design wherein the disclosure is restricted to an industrial or other exhibition and if a prior notice in this respect along with prescribed fee is given to the Controller. An application for such registration should be made within six months from the date of first exhibiting the design.

‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or any thing which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.

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