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2025 Update: New Rules for Design Objection

2025 Update: New Rules for Design Objection

Keeping up with India’s rapidly evolving intellectual property landscape, 2025 has brought significant updates to the rules and procedures around design objections. These changes are designed to make the objection process clearer, faster, and more accessible — especially for businesses, creators, and digital-first innovators.

What’s New in 2025 for Design Objections?

1. Faster, Streamlined Objection Handling

  • The Indian Patent Office (IPO) now issues the First Examination Report (FER) within just one month of filing your design application.

  • Applicants still have six months from their filing date to respond to objections, with the option for a three-month extension if required (upon request and fee payment).

  • The resolution, if all objections are addressed, can now see applications accepted and a registration certificate issued as quickly as six to ten months after your initial filing.

2. Fully Digital Response & Monitoring

  • The objection and response process remains accessible via the IPO’s online portal, allowing applicants to reply, submit documents, and track case progress entirely online.

3. Stricter Compliance and Documentation Requirements

  • Enhanced scrutiny on originality, prior art, and documentation clarity. Incomplete drawings or insufficient evidence are much more likely to result in quick refusals.

  • Clearer procedural guidance is now available to applicants and their legal teams, reducing ambiguity and the need for frequent clarifications.

4. Extended Procedural Fairness and Appeal Rights

  • In case your objections are not resolved via written submissions, the IPO will offer a hearing opportunity before a final decision.

  • New 2025 rules reaffirm your right to appeal directly to the High Court if you disagree with the IPO’s decision — reflecting the dissolution of the IP Appellate Board and shifting appeals to regular courts.

5. Alignment with International Practices

  • The updated Indian rules and procedural timelines bring Indian design registration in line with global best practices, making it easier for domestic and international applicants to navigate the process.

Why These Changes Matter

  • Reduced uncertainty: Timelines are shorter and more predictable.

  • Greater transparency: The entire process is digital, trackable, and applicants receive faster responses.

  • Increased competitiveness: India’s IP regime is now more business-friendly, aiding startups, SMEs, and large corporations alike in securing design protection quickly.

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FAQs
- Not providing detailed, well-documented replies within deadlines. - Missing digital submission deadlines due to incomplete applications or lack of online access. - Not consulting with professionals for complex objections, especially where originality or prior art is disputed.
The primary updates for 2025 focus on streamlining processes and enhancing transparency through the e-filing portal. While the core legal framework of the Designs Act, 2000, remains, there is an increased emphasis on providing detailed legal arguments and supporting evidence to address examiner objections.
The deadline for filing a reply to the First Examination Report (FER) is six months from the date of the report. This timeline is strict, and a failure to file within this period can lead to the abandonment of the application. An extension of three months is available by paying the prescribed fee before the initial deadline.
Common reasons for an objection include a lack of novelty or originality (the design is not new), prior publication of the design, the design being dictated solely by its function, or issues with improper documentation, such as unclear drawings or a missing Power of Attorney.
The required documents include a point-wise legal reply to the objections, a copy of the original design application, and supporting evidence to prove the design's uniqueness. This may include a novelty search report or amendments to the design drawings. A Power of Attorney is also needed if the response is filed by a legal agent.
If the examiner is not satisfied with the written reply, a hearing may be scheduled. At this hearing, the applicant or their agent can present legal arguments and evidence to address the objections. The final decision is then made by the Controller of Designs.
Failure to file a response within the six-month deadline will lead to the abandonment of your design application. The application will be rejected, and the design will not receive legal protection under the Designs Act, 2000.