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When is the Right Time to File for Design Objection?

The right time to file for a design objection is immediately after receiving the First Examination Report from the design office, as applicants are given a statutory window of six months (with a possible three-month extension) to respond to any objections raised. Addressing objections promptly within this period is critical to prevent abandonment and ensure successful design registration.

Key Timelines for Filing and Responding

Design objections are raised during the examination phase of the design registration process, typically within 1-3 months of application filing. The applicant must act within six months from the application date, requesting an extension for three additional months if needed before the initial deadline expires. Prompt response demonstrates diligence and maximizes the chance for a successful outcome.

Why Timely Filing Matters

Failing to file or respond in time can result in the application being deemed abandoned, closing off the opportunity for design protection. Early action also allows applicants to address substantive concerns, clarify documentation, and meet legal standards for design originality and registration. A prompt reply shows commitment and helps resolve issues more efficiently for quicker approval.

Steps After Filing the Objection Response

Once a reply is filed, the design office reviews the applicant’s response and may schedule a hearing if objections persist. If issues are cleared, the design proceeds to registration and publication; if not, further communication or clarification may be required by the applicant.

Practical Tips for Applicants

  • File objections or responses promptly within the given timeline to avoid abandonment.

  • Prepare responses with clarity and completeness to satisfy examiners and controllers.

  • Seek expert assistance when objections are complex or not fully understood, as legal compliance is essential for successful registration.

Filing at the right time—immediately upon receipt of objections, and always within the statutory period—is crucial for a smooth, successful design registration process.

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FAQs
The right time to file a reply is immediately after you receive the examination report from the Indian Patent Office. You have a strict deadline to respond, so it is crucial to begin preparing your legal reply as soon as you receive the notice.
The deadline for filing a reply to the First Examination Report (FER) is six months from the date of the report. This is a strict statutory deadline, and any delay can lead to the abandonment of your design application. An extension of three months is available by paying the prescribed fee before the initial deadline.
If you fail to file a reply within the six-month deadline, the design application will be marked as abandoned and will be rejected. This means the design will not be registered and will lack legal protection under the Designs Act, 2000.
After you file a reply, the examiner will review your response. If the examiner is satisfied with your reply and the supporting documents, the application will proceed for further processing. If not, the examiner may schedule a hearing to give you a final opportunity to present your case.
If the examiner is not satisfied with your reply, you may be called for a hearing. At this hearing, you or your legal agent can present your legal arguments and evidence in person to address the objections. The final decision is then made by the Controller of Designs.