Design Objection
Facing a design objection is a critical stage in India’s design registration process, during which the examiner evaluates your submitted design against specific criteria to ensure its originality and compliance with the Designs Act. You must promptly and effectively resolve any issues that arise, including non-compliance with a design’s legal definition or similarities to existing designs. By resolving these objections, you must effectively register your design and guarantee its protection under intellectual property laws.
What is Design?
Section 2(d) of the Designs Act 2001 defines ‘design’ as the visual aspects of shape, pattern, configuration, composition, or ornamentation applied to any two-dimensional or three-dimensional article through industrial or manual processes. Any combination of colors or lines utilized in the final product is visually appealing. However, it does not include the functional aspects of construction or merely mechanical components.
Process of Design Registration
Each design registration application undergoes a meticulous examination to ensure it meets the required standards. The design’s approval is contingent on the absence of objections in the application or satisfactory resolution of any raised concerns. The Patent Office will provide the applicant with a design registration certificate, confirm the approval, and publish the design details in their journal.
The legitimate design owner’s intellectual property protection is valid for 15 years. The design registration is initially valid for ten years. However, by applying for renewal, you can extend this protection for an additional five years.
Grounds for Design Application Objections
- Lack of Novelty: If the design closely resembles existing designs in the public domain, it may not be considered new or original.
- Improper Documentation: If submitted documents/representations don’t adhere to standards, the Patent Office may object.
- Unclear Visuals: Improperly presented or unclear photos/drawings make it difficult to assess distinctiveness.
- Non-Submission of Power of Attorney: Absence of PoA may lead to objections if an agent files on behalf of the designer.
When to Reply to Design Objection?
Following receipt of the objection notice, the applicant has a six-month period to address and rectify these concerns. By submitting a request with the necessary charge prior to the expiration of the initial six-month deadline, you may extend this period by an additional three months.
How can I file a reply to a design objection?
- Review the Objection Notice: Read carefully to understand concerns.
- Evaluate the Objections: Highlight points that must be addressed.
- Gather supporting documents: Collect all necessary documents/evidence.
- Draft Your Response: Address each objection individually.
- Submit Your Reply: File response to the Patent Office within timeframe.
Process After Filing a Reply
After submitting a response to a design objection, the subsequent process includes:
- Review of Responses: Patent Office reviews how well it addresses concerns.
- Assessment of Responses: Checked for precision, completeness, and regulatory compliance.
- Registration and Publication: Controller issues certificate once satisfied, publishes in journal.
- Hearing and Public Inspection: If issues persist, hearing may be scheduled.
Summary
Design registration process evaluates the submitted design against the Designs Act criteria to ensure originality and compliance. This evaluation is known as the “design objection.” Section 2(d) of the Designs Act 2001 defines ‘design’ as the visual aspects applied to any article, excluding functional components. A meticulous examination is part of the process, and approved designs receive a registration certificate and 15 years of protection (10 years + 5-year renewal).
Objections may be caused by lack of novelty, improper documentation, unclear visuals, or lack of Power of Attorney. Applicants must resolve them within six months, with a three-month extension option. Responses are reviewed, assessed, and if satisfactory, the Patent Office registers and publishes the design.
