Design Objection

Design Objection
(Price Start at $ 120 /-)

Industrial design-related intellectual property rights play a significant role in India's innovation and creative scene. The purpose of design objections is to ensure that the design meets the necessary criteria for registration and protection under intellectual property laws.

The Designs Act, 2000 is the main legislation that governs industrial design registration and enforcement in India. Under this Act, a new or original design that meets the criteria of novelty and originality can be registered for exclusive rights of use for an initial period of 10 years. 

However, during the design registration process, every application for registration of design In India undergoes an examination. These objections may relate to various aspects of the design, such as its originality, clarity of documentation, or compliance with prescribed standards and formats. In case no objection is raised or if the said objections have been rectified, your design application will be approved and the extracts of the same will be sent. The Patent Office will issue the design registration certificate and the design will be published in their journal.

Major Reasons for Design Objection in India

While examining the applications, if there are any defects or objections in the application that are noticed by the Designs office, it will be communicated to the Applicant or to his agent at the address for service. The primary reasons for design objection are mentioned herein below: 

  • When the design is not novel;
  • When the design has already been published;
  • Documents submitted and/or representation sheets are not filed in the prescribed format; 
  • Novelty statement and/or disclaimer have not been mentioned specifically in the representation sheet; 
  • Photographs of the design article are not clear. 
  • Non-submission of the Power of Attorney (PoA). 

Documents Required for Design Objection in India:

While responding to the first examination report, the Applicant would only need to submit the documents when the same were not properly filed during the filing of the application. In particular, the Applicant would need to submit the following documents: 

  • Two copies of the design;
  • A brief statement of novelty / disclaimer mentioned on each representation sheet;
  • The priority documents, in case of a convention application; and
  • A power of attorney, if the application is filed by an agent or attorney.

Procedure to Solve the Design Objection in India

  • Once the First Examination Report (FER) is issued by the Designs wing at the Patents office, the Applicant will have to file the response to the FER by complying with the defects or objections mentioned in the application. 
  • Once all the shortcomings have been rectified, the application will be accepted by the Designs office and then notified in the journal.
  • If the defects are not rectified by the applicant after filing the response to FER, a hearing will be appointed in the application to submit the oral arguments on behalf of the applicant.
  • Pursuant to the hearing, the controller will decide whether the application should be accepted or not. The decision of the Controller will be communicated in writing to the applicant or his agent stating the reasons for the decision.
  • Registered designs become available for public inspection after publication in the official gazette.

Time required to resolve design objection in India:

As per the Designs Act and associated rules, the statutory timeline for removal of objections raised by the Designs office after the first examination report is six months from the date of application which may be extended further for the next three months provided an official request is filed along with the prescribed fee before expiry of the stipulated period of six months.

How can seedling help you with design objection?

Seedling has a dedicated team of attorneys who excel in crafting and implementing the comprehensive design registration process seamlessly. Our in-house Intellectual property specialists proficiently handle all design filing and registration requirements as well as the associated formalities before the Design office and ensure a hassle-free experience. Connect with us via our website to initiate and fast-track your design registration process. 


Most common question about our services

Does Seedling first evaluate a design before registration?

Yes, Seedling attorneys undertake a preliminary assessment of a design's strengths and weaknesses before drafting and filing an application for design registration.


Can multiple images be included in a single application, and if so how many?

Multiple images of a design may be included in a single application provided said images relate to a single embodiment of the design in question as only different views of a single embodiment are allowable in an application.


What is the timeline for filing a convention design application in India?

A convention design application must be filed in India within six months from the date of filing the application in a convention country.


What are the grounds for objection under the design Application?

Common objections include lack of novelty, improper documentation, unclear visuals, and non-submission of power of attorney


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