Design Objection

During the Design registration process in India, facing a design objection is a critical stage where the examiner assesses your submitted design against specific criteria to ensure its originality and conformity to the Designs Act. If any issues arise, such as similarities to existing designs or non-compliance with the legal definitions of a design, these objections must be addressed promptly and effectively. Resolving these objections is essential for successfully registering your design, ensuring it is protected under intellectual property laws.

With the support of IndiaFilings experts, navigating through and resolving design objections becomes more manageable, facilitating a smoother path towards securing your Design Registration.

What is Design?

Before diving into Design objections, let's understand what a design is. According to Section 2(d) of the Designs Act 2001, a 'design' encompasses the visual aspects of shape, pattern, configuration, composition, or ornamentation applied to any two-dimensional or three-dimensional article through industrial or manual processes. This includes any combination of lines or colours that, once used, are appreciated visually in the final product. However, it excludes the functional aspects of construction or purely mechanical elements.

Design Registration Process in India

Every design registration application in India is meticulously examined to meet the required standards. The design will be approved if the application is free from objections or any raised concerns are adequately addressed. Subsequently, the applicant will receive confirmation of approval, a design registration certificate will be issued, and the design details will be published in the Patent Office's journal.

The rightful design owner is granted intellectual property protection for 15 years. Initially, the design is registered for ten years. However, applying for renewal can extend this protection for an additional five years.

Design Objection

A design objection refers to any concerns or issues raised by the examining authority during the review process of a design application. These objections may relate to various aspects of the design, such as its originality, clarity of documentation, or compliance with prescribed standards and formats. The purpose of design objections is to ensure that the design meets the necessary criteria for registration and protection under intellectual property laws. Applicants are typically required to address these objections by providing clarifications, amendments, or additional information to resolve the concerns raised by the examining authority.

Successfully overcoming these objections is crucial for the progression and eventual approval of the design application, ensuring the design is duly registered and protected under the law.

Grounds for Design Application Objections

Objections to a design application by the examination officer can arise from various grounds, primarily focusing on ensuring the design's uniqueness and adherence to procedural requirements. Some common reasons for objections include:

• Lack of Novelty: The design may be deemed not new or original, meaning it may closely resemble existing designs already in the public domain, thus lacking the uniqueness required for protection.
• Improper Documentation: The submitted documents and representations might not meet the standards or formats required by the Patent Office, leading to objections regarding their acceptability.
• Unclear Visuals: The photos or sketches attached to the application might be unclear, improperly presented, or fail to adequately represent the design, making it difficult for the examination officer to assess its distinctiveness and originality.
• Non-Submission of Power of Attorney: If the application is filed by an agent or a representative on behalf of the designer, the failure to submit a Power of Attorney can lead to objections, as this document authorises the representative to act on behalf of the applicant.

Addressing these objections is crucial for the continuation and successful registration of the design application.

When to Reply to Design Objection?

The applicant has a six-month window from receiving the objection notice to address and rectify these concerns. This period can be extended by an additional three months upon request submission with the required fee before the initial six-month deadline expires.

Failure to do so could result in the abandonment of your design application.

How to File a Reply to Design Objection

• Review the Objection Notice: Carefully read through the objection notice issued by the Patent Office, ensuring a clear understanding of the raised concerns.
• Assess the Objections: Evaluate each objection mentioned in the notice, noting specific points that must be addressed in your response.
• Gather Supporting Documents: Collect all relevant documents, evidence, and information that support your response to each objection.
• Draft Your Response: Prepare a detailed and comprehensive reply addressing each objection individually. Clearly articulate how you intend to rectify or counter each objection, providing explanations and evidence where necessary.
• Submit Your Reply: Submit your response to the Patent Office within the specified timeframe mentioned in the objection notice.

At IndiaFilings, our experts specialise in assisting you with filing effective replies to design objections, ensuring a smooth process for your design registration.

Procedure After Filing a Reply to Design Objection

After submitting a reply to a design objection, the subsequent procedure entails the following steps:

Review of Response

The Patent Office carefully examines the applicant's response to the objection notice to assess its adequacy in addressing raised concerns.

Assessment of Response

Each point of objection is evaluated against the provided response to determine if the concerns have been satisfactorily resolved.

The response is scrutinised for clarity, completeness, and compliance with regulatory requirements.

Registration and Publication

Once all issues highlighted in the Examination Report are addressed and the Controller is satisfied that the design is indeed new and/or original, they will instruct the registration and subsequent publication of the design details. This includes a representation of the article that best showcases the design. Following acceptance, the Patent Office issues a registration certificate and announces the registration in its journal.

Hearing and Public Inspection

If the objections are not adequately resolved, the applicant is granted a personal hearing to discuss the application further. Post-hearing, the Controller decides on whether the application should proceed. Registered designs become available for public inspection after publication in the official gazette, which can be accessed upon payment of a specified fee and submission of a formal request.

Term of Protection

In India, design registration is protected for ten years from the design's registration date. This initial term can be extended for an additional five years, subject to the submission of an extension application along with the requisite fee, ensuring continued protection of the design under Indian intellectual property laws.

IndiaFilings: Expert Assistance for Design Objections

Challenges may arise during the design registration process, requiring prompt and efficient handling. If you need skilled guidance to address these objections and navigate through the entire design registration procedure seamlessly, IndiaFilings is your ultimate solution. Our expert team specialises in managing the intricacies of design objections, ensuring that your responses to examination reports are thorough and effective. With our expert guidance, you can confidently enhance your prospects of overcoming these hurdles and securing your design.

For personalised design registration services, reach out to our design experts today!