placeholder-image

Beginner's Guide to Design Objection Filing in India

Introduction

Filing a design registration is a powerful way to protect original creations in India, but facing an objection can seem intimidating for newcomers. This guide simplifies how design objections work, why they happen, and how to respond confidently—so unique designs can get the protection they deserve.

What Is a Design Objection?

A design objection is a query or concern raised by the Indian Patent Office during the review of a design registration application. Objections usually relate to:

  • Lack of novelty or originality

  • Similarity to already existing designs

  • Non-compliance with required design definitions

  • Errors in documents or drawings

  • Incomplete information in the application

Common Reasons for Objection

  • The design closely resembles something already registered or published.

  • The design is more functional than aesthetic (for example, it’s shaped by use rather than looks).

  • The application has missing or incorrect details, like unclear images or incomplete forms.

  • The design is considered offensive or doesn't meet the guidelines of public morality.

Step-by-Step Filing and Response Process

1. Receive Objection Notice

The Patent Office examines your submission and—if issues are found—sends an official objection notice explaining its concerns.

2. Review and Drafting a Reply

Read the notice thoroughly. Prepare a reply that addresses each objection specifically with clear explanations and supporting evidence (like comparison charts or patent searches).

  • Collect all necessary documents, amended drawings, and clarifying details.

3. Timely Submission

Submit your reply within 6 months of receiving the objection notice. You may request a 3-month extension by paying an extension fee if additional time is needed.

4. Assessment & Hearing

After you file your reply, the Patent Office reviews it for accuracy and sufficiency. If issues remain, a hearing (often online) may be called, where you or your representative can further explain your case.

5. Decision & Registration

If all objections are resolved, the office grants registration and publishes the design in the official journal. Otherwise, the application may be abandoned or rejected.

Essential Documents & Fees

  • Objection notice from the examiner

  • Original application papers and drawings

  • Point-by-point written reply

  • Any amended designs or supporting evidence

  • Power of attorney, if using a lawyer

Fees may apply for extensions, professional help, or hearings, ranging from hundreds to a few thousand rupees based on the applicant type and case complexity.

Practical Tips for Beginners

  • Act promptly: Strict timeframes apply for replying.

  • Be specific: Address objections with direct, factual explanations.

  • Get expert help: Professional advisors can make the process simpler for first-timers.

  • Keep documentation: Save every copy of communication and responses.

Design objection filing may seem complex at first, but understanding each stage and knowing what’s required makes the process straightforward and empowering.

Visit - https://www.filingworld.in/

#filingworld

FAQs
A design objection is an issue raised by the Design Office during the examination of your application. Common reasons include a lack of novelty or originality, similarities to existing designs, or procedural errors in the documentation.
You have six months from the date of the objection notice to file a detailed response. An extension of up to three additional months can be requested with the payment of a prescribed fee.
Failure to file a response within the prescribed deadline can lead to the abandonment of your design application.
A response should address each objection raised in the examination report. It should include clarifications, legal arguments, and supporting documents that prove the novelty and originality of your design.
Common grounds include a lack of novelty or originality, similarity to an existing design, non-compliance with formal or procedural requirements, and the design being a purely functional element rather than an aesthetic one.
Yes, if the objection is due to formal errors or lack of clarity, you can make amendments to your design or its representation. However, if significant changes are needed, you may need to file a new application.
After you file the response, the examiner reviews it. If they are satisfied, the design proceeds to registration. If they are not, a hearing may be scheduled to allow you to present your arguments in person.