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Design Objection

A design objection in India commonly occurs when the design application is challenged due to non-compliance with legal requirements. Properly addressing objections is crucial for successful registration. Our legal experts help you in drafting and filing a proper response to overcome design objections and ensure smooth approval. We provide professional guidance to address objections effectively, safeguarding your design rights. Trust Kanakkupillai for a hassle-free resolution of design objections. Contact us today!

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Overview of Design Objection in India

Design protection is important for protecting the uniqueness and visual appeal of industrial products. Design Registration provides businesses and creators exclusive rights over their designs and prevents unauthorized imitation of the registered design. In India, design registration falls under the Designs Act, 2000, and the Design Rules, 2001, both regulated by the Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM) under the Ministry of Commerce & Industry.

For a design to be registered, it must be new, original, and unpublished before the filing date. During the examination process, the Indian Patent Office (IPO) may raise some objections to the application for design registration, such as the design not meeting the required eligibility criteria. These objections act as a preliminary refusal and require the applicant to prove that their design is novel, original, and suitable for industrial application.

What is a Design Objection?

A design objection is an official notification issued by the Indian Patent Office (IPO), indicating that the submitted design does not fully comply with the requirements of the Designs Act, 2000 and its associated rules. It requires the applicant to submit clarifications, amendments, or legal arguments to overcome the objections raised by the examiner.

Legal Provisions Governing Design Objections

Section 2(d) of the Designs Act, 2000: This section defines a "design" as the features of shape, configuration, pattern, ornament, or composition of lines or colors applied to any article, whether in two-dimensional or three-dimensional form, by any industrial process.
Section 5: This section stipulates the requirements for a design to be registrable.
Section 19: This section outlines the grounds for the cancellation of a registered design, which include prior registration in India, prior publication in India or elsewhere, lack of novelty or originality, non-registrability under the Act, and not fitting the definition of a design under Section 2(d).
Section 36: This section outlines the process for the appeal to the Honourable High Court against the order passed by the Controller.
Rule 18 of the Designs Rules, 2001: This rule governs the applicant’s right to respond to objections within a stipulated period. If, upon examination, any objections are raised, the applicant is notified and given an opportunity to correct the application or submit their observations within six months from the date of application.

Common Reasons for Design Objections

During examination, design objections are raised for several reasons, including but not limited to:

1. Lack of Novelty or Originality

As per Section 5 of the Designs Act, 2000, a design must be new or original and should not have been previously published in India or any other country.
If an identical or substantially similar design exists in prior records, the application will face rejection.

Example: If a furniture manufacturer files for design registration of a chair model that is already available in the market or has been published in a catalog, the application may be objected to for lack of novelty.

2. Similarity to Existing Registered or Pending Designs

Section 19(1)(b) states that a design that is "not significantly distinguishable from a known design" is not eligible for registration.
Examiners conduct a prior art search to compare the submitted design with existing designs.

Example: If a mobile phone case design closely resembles an existing registered design, the application will be objected to based on similarity.

3. Design Dictated by Functionality

A design must focus on aesthetic appeal rather than functional utility.
Section 2(d) specifies that a design should not be dictated purely by its function.

Example: The design of a mechanical gear or an engine component with specific grooves for functionality cannot be registered as an industrial design.

4. Errors in Application and Documentation

Mistakes in application forms, incorrect classification under the Locarno Classification System, or improper representation of design views can lead to objections.

Example: If an applicant fails to submit the required six views (top, front, side, bottom, rear, perspective) of a 3D product, the application may be objected to for lack of clarity or completeness.

5. Use of Commonplace or Generic Designs

Designs that are generic, widely used, or lack distinctiveness may face objections.

Example: A simple circular shape for a plate or a rectangle for a smartphone that lacks distinctive features may not be considered novel.

6. Design is Offensive or Against Public Morality

Section 19(1)(a) states that a design that is "contrary to public order or morality" cannot be registered.

Example: A design containing obscene or offensive imagery, symbols, or messages would be objected to under this provision.

How to Respond to a Design Objection?

Analyze Objection Notice: Once you receive the notice, carefully review the examiner's objections to understand the reasons for refusal.
Gather Supporting Documents: Collect evidence to prove the design's novelty and originality, including prior unpublished sketches, design evolution documents, and international registrations.
Draft a Response: It is advisable to seek the help of a professional to draft a reply to the objections that address each objection with arguments backed by provisions from the Designs Act, 2000, and case precedents.
Modify the Design (if required): If the objection pertains to classification errors or lack of clarity in design representation, submit an amended application with corrected documentation.
Submit the Reply within the Deadline: The response must be filed within one month of receiving the examination report.
Request a Hearing (if necessary): If the objections are complex, applicants can request a hearing before the Controller of Designs to present their case in person.

Appeal Process for Rejected Design Applications

Under the Designs Act of 2000, if the Controller refuses your design application, you have the right to appeal this decision. Section 36 of the Designs Act, 2000, specifies that such an appeal should be made to the Honourable High Court within three months from the date of the Controller's order. It is pertinent to note that with the dissolution of the Intellectual Property Appellate Board (IPAB) following the Tribunals Reforms Act 2021, appeals against the Controller's decisions are now directly handled by the Honourable High Courts.
Filing a Special Leave Petition (SLP) Before the Honourable Supreme Court
If you are unsatisfied with the decision of the Honourable High Court, the applicant may approach the Supreme Court of India through a Special Leave Petition (SLP).
The Supreme Court will intervene only if the case involves a substantial question of law related to design rights or procedural irregularities.

Points to Consider When Filing an Appeal

Appeals should be filed within the prescribed time limits, failing which the rejection will be considered final.
Proper legal arguments and documentary evidence (such as prior unpublished versions of the design or industry usage) should be submitted.
Legal representation from an IP expert or a patent attorney is recommended to strengthen the case.

Why Choose Kanakkupillai for Handling Design Objections?

Facing an objection in your design registration can be frustrating, but with the proper guidance, it can be resolved smoothly. With professional assistance, Kanakkupillai guides you through the procedure and guarantees that your answer is forceful, coherent, and compliant with the law. Here are some reasons why we are the best option:

Customized Approach for Every Objection: Our approach is unique for each design objection. To increase the likelihood of approval, we thoroughly examine the objections made and create clear answers that are specific to your situation.
Experienced Professionals in Design Law: Our staff has an abundance of knowledge regarding design registrations and intellectual property rights. We prepare solutions that successfully address objections while maintaining regulatory compliance.
Timely Submission to Avoid Delays: Responding within the deadline is important to keeping your design application on track. Our team ensures that your reply is filed on time, preventing unnecessary complications or rejections due to delays.
Complete Assistance from Start to Finish: We take care of everything, from understanding the objection notice to drafting and filing a detailed response. If necessary, we also help gather supporting documents to strengthen your case.
Clear and Affordable Pricing: We support total openness so that you know specifically what you're paying for because our prices are reasonable and don't include any hidden fees.
Trusted Partner for Intellectual Property Matters: With Kanakkupillai, you don’t have to handle the stress of objections alone. We simplify the process and work towards securing your design registration online without unnecessary hurdles.

Frequently Asked Questions

What is a design objection? +

A design objection is an official notice issued by the Indian Patent Office (IPO) when a design application does not fully comply with the requirements of the Designs Act, 2000. The applicant must respond to the objections with clarifications, legal arguments, or modifications to proceed with registration.

On what grounds can a design application be objected to? +

A design can be objected to for several reasons, including: • Lack of novelty or originality. • Similarity to an already registered or pending design. • The design being dictated solely by function rather than aesthetics. • Errors in application forms, classification, or representation. • The design being against public morality or order.

What happens after I receive a design objection? +

After receiving an objection, the applicant must carefully analyze the examination report, prepare a point-wise reply, and submit supporting evidence to address the concerns raised by the IPO. If required, modifications can be made to the design to overcome the objection.

How long do I have to respond to a design objection? +

As per Rule 18 of the Designs Rules, 2001, the applicant has one month from the date of receiving the Examination Report to file a reply. If additional time is required, an extension request may be submitted, subject to the Controller’s approval.

Can I modify my design to overcome an objection? +

Yes, modifications are allowed, but only if they do not alter the fundamental character of the design. If significant changes are needed, a new application must be filed.

What if my response to the design objection is rejected? +

If the IPO finds the response insufficient, the application may be rejected. The applicant can: • Request a reconsideration by providing additional evidence. • File an appeal with the Controller of Designs for review. • Approach the High Court under writ jurisdiction to challenge the rejection.

Can a design objection lead to cancellation of registration? +

No, objections arise before registration. However, under Section 19 of the Designs Act, 2000, a registered design can be challenged and cancelled if it is proven to lack novelty, be published before registration, or be similar to an existing design.

How can I strengthen my design application to avoid objections? +

To reduce the chances of objections, ensure that: • The design is original and not publicly disclosed before filing. • The application is correctly classified under the Locarno Classification System. • All six mandatory views (top, front, side, bottom, rear, perspective) are included for 3D designs. • The design focuses on aesthetics rather than function.

Can I register a design that is already used internationally but not in India? +

No, as per Section 4 of the Designs Act, 2000, a design that has been published anywhere in the world before filing in India is not considered new and is likely to face objections.