Intellectual Property / Design / Filing reply to objection raised by Design Office

Filing reply to objections raised by the design office.

What is Design?

A Design can be defined as an ‘outer outlook’ of an article. The Designs Act, 2000 defines it as “only features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether two dimensional or three dimensional or both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trademark or property mark or artistic work”. The rightful owner of this intellectual asset is accorded a protection for a total of 15 years. The copyright of the design is initially registered for a period of 10 years, which later can be extended to further 5 years on making an application for renewal. 

The design registration allows a monopoly to the owner of the asset and empowers such owner to legally exclude/disallow others from manufacturing, selling, reproducing and dealing in the registered design without a prior consent from the owner.

When should you file a reply for the objections raised?

Every application for registration of design In India undergoes examination.In case no objection is raised or if the said objections have been rectified, your design application will be approved and the extracts of the same will be sent. The Patent office will issue the design registration certificate and the design will be published in their journal. 

However, if there are any defects or objections in the application that are noticed during examination of the application, it will be communicated to the applicant or to his agent at the address for service. The time period for removal of objections raised by the Patent office after the examination report, is six months from the date of application which may be extended up to further three months on a request made with the prescribed fee before expiry of the stipulated period of six months. The application will be accepted when all the shortcomings have been rectified and then notified in the Patent Office journal.

If the defects are not rectified by the applicant after it was communicated to them, then a hearing will be provided to the applicant. After hearing the controller shall decide whether the application should be accepted or not. The decision of the Controller will be communicated in writing to the applicant or his agent stating the reasons for the decision.

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