Design examination in India is quick, formal and unforgiving about time. The examiner checks the application against the Act and the Rules, sends a list of objections, and the applicant must have the whole application in order within a period that started running on the filing date — not on the date the objections arrived.
Quick reference
| What is examined | Formalities, classification, the representations, novelty against the register and prior publication |
| Objections issued as | An examination report, by email, to the address for service |
| Deadline to put in order | Six months from the filing date |
| Extension | Three months, on request made before the six months expire |
| Hearing | On request, or when the Controller lists one after a reply |
| If not put in order | The application is treated as withdrawn or abandoned; no revival |
What the examiner looks at
Formalities. The form is complete, the fee is right for the category of applicant, the power of attorney is on file, the priority document is there if priority is claimed, the article is named and classified correctly.
The representations. The views show the whole design clearly and consistently; the article is the same in every view; the words and marks that are not part of the design are disclaimed; the statement of novelty says what is claimed to be new.
Substance. Whether what is shown is a design at all — not a mechanical device, not a trademark, not an artistic work — and whether it is new. The examiner searches the Indian register and may cite earlier registrations or published material. The search is not exhaustive; a competitor’s later cancellation petition usually finds more.
The objections that come up
- Wrong class or article name. The Office is particular about the Locarno class and the article name matching what the representations show.
- Representations defective. Missing views, inconsistent views, background clutter, dimensions or descriptive text on the drawings, or a mark shown without disclaimer.
- Statement of novelty too broad. “Novelty resides in the shape and configuration of the article as illustrated” is the safe formulation; claiming novelty in features that are old invites objection.
- Not a design. The application is really for a functional part, a logo, or a two-dimensional artwork not applied to an article.
- Anticipated. A cited prior registration or publication shows the same or a not-significantly-different design. This is the substantive objection, and the one where argument matters.
- Multiple designs in one application. Each application covers one design in one class; variants need separate applications, or the extra ones are dropped.
The deadline
The Rules give the applicant six months from the date of filing to remove the objections and put the application in order. If the report issues four months after filing, two months are left. If it issues late, very little is left, which is why applications should be filed clean.
The period can be extended by three months on a request made, with the fee, before the six months expire. There is no extension after that. An applicant who does not reply to the objections, or does not request a hearing, within the period allowed sees the application treated as withdrawn or abandoned, and there is no procedure for reviving it. The only route back is a fresh application — which, if the product has meanwhile been launched, will fail for lack of novelty.
Replying
A reply does three things: amends what can be amended, argues what should be argued, and asks for a hearing if the examiner is unlikely to be persuaded on paper.
Amendments to the representations are allowed where they correct or clarify without adding matter — removing text, adding a disclaimer, replacing a poor view with a proper one of the same design. They are not allowed where they change the design. The class and article name can be corrected. The statement of novelty can be narrowed.
Argument on anticipation compares the cited design with the applicant’s as a whole, through the eye of the ordinary customer, and points to the differences that would strike that customer. Differences in a detail the eye would not register do not help; differences in overall shape, proportion and impression do.
The hearing
Where objections survive the reply, or the applicant asks, the Controller lists a hearing. It is short, usually by video, and the applicant or its agent addresses the outstanding points. The Controller decides afterwards in writing. A refusal can be appealed to the High Court.
After acceptance
Once the objections are cleared the design is registered, a certificate issues, and the registration is published in the journal. The term of ten years runs from the filing date, not the registration date, so time spent in examination is not lost. Publication is also the moment the design becomes visible to competitors, and the moment from which a cancellation petition can be filed.
Frequently asked questions
How long do I have to respond to a design objection in India? The application must be put in order within six months of the filing date — the deadline runs from filing, not from the objection. A three-month extension can be requested, with a fee, before the six months expire.
What happens if I do not reply to a design examination report? The application is treated as withdrawn or abandoned. There is no restoration procedure, and a fresh application will usually fail for lack of novelty if the design has since been made public.
What are the most common design objections? Wrong class or article name, defective or inconsistent representations, an over-broad statement of novelty, the subject matter not being a design, and anticipation by an earlier registration or publication.
Can I amend the design after filing? The representations can be corrected or clarified — text removed, a disclaimer added, a view replaced — but not changed so as to alter the design. The class, article name and statement of novelty can be corrected.
Can I get a hearing on a design objection? Yes. A hearing can be requested in the reply, and the Controller lists one where objections remain. A refusal after hearing can be appealed to the High Court.
When does the design term start? From the filing date, or from the priority date where convention priority is claimed. Time spent in examination is not deducted from the ten-year term.
Useful official resources
- IP India — designs — the Rules, forms and fee schedule
- IP India — design e-filing — filing and replies
See our related notes on the design registration process and what can be registered as a design.
An examination report with the six months running down? Talk to us.