Design Objection Reply
A drafted reply to objections raised while your industrial design application is under examination.
A design application that does not proceed cleanly draws an examination report setting out objections. Most are procedural — representations that do not meet the office standard, a statement of novelty that claims too much or too little, or a classification issue.
The deadline is what matters. An unanswered examination report results in the application being treated as abandoned, and abandonment cannot be cured by paying a further fee. You start again, and by then the design may have been published and lost its novelty.
What this costs
Basic
₹3,704 plus GST
- Prepared by an attorney
- Reply to Design Objection
- Filing on IPIndia
The objections commonly raised
- Representations inadequate — views missing, inconsistent between sheets, or poorly reproduced
- The statement of novelty too broad, or claiming features dictated by function
- The design not new or original, with a prior registration or publication cited
- The article classification incorrect under the Locarno system
- The design not significantly distinguishable from a known design
- Shading, dimensions or extraneous matter appearing in the representations
- The design containing a trademark or literary matter, which is excluded
Representations are the usual problem
The office requires views from every relevant angle, consistent with each other, showing only the design and nothing else. Dimensions, hatching, construction lines and background objects all draw objections.
Where the objection is to the representations, the remedy is to file corrected sheets. This is normally straightforward, but the corrected views must not introduce anything that was not in the original filing, or the amendment is refused as going beyond the application.
The novelty statement is a balance
A statement claiming novelty in the whole shape and configuration is often objected to as too broad. One claiming only a small detail may be allowed but protects very little.
Redrafting it is frequently what resolves the objection — narrowing the claim to what is genuinely new while keeping it wide enough to be worth having. That judgement is the substance of the reply.
Where a prior design is cited
Here the argument is that yours is significantly distinguishable — that the eye perceives a difference in shape, configuration or ornamentation, judged as a whole rather than feature by feature.
Where the cited design genuinely anticipates yours, we will say so. Pursuing a design that is not new produces a registration that is vulnerable to cancellation the moment anyone has reason to challenge it.
How we handle it
- 1 Reading the report We identify each objection and the deadline, since an unanswered report abandons the application.
- 2 Assessing the cited design Where a prior design is cited, we compare it honestly and advise whether the application is worth pursuing.
- 3 Correcting representations Where the objection is formal, corrected views are prepared without introducing new matter.
- 4 Redrafting the novelty statement The statement is narrowed or clarified so it is allowable while still protecting something worthwhile.
- 5 Filing the reply A reasoned response addressing each objection is filed within the time allowed.
- 6 Hearing Where the objection is not resolved on paper, we appear at the hearing before the Controller.
Frequently asked questions
What happens if I do not reply?
The application is treated as abandoned, and that cannot be cured by paying a further fee. You would have to file afresh, and by then publication may have destroyed the novelty.
Can I improve the representations?
You can file corrected sheets, but they must not introduce anything absent from the original filing. An amendment going beyond the application is refused.
The examiner says my design is not new. Is that the end?
Not necessarily. The test is whether yours is significantly distinguishable judged by the eye as a whole. Where the citation genuinely anticipates your design, we will tell you rather than pursue it.
Why was my novelty statement objected to?
Usually as too broad, or as claiming features dictated by function, which are excluded. Redrafting it to claim what is genuinely new is often what resolves the objection.
How long do I have?
The period is stated in the report. It is strict, and extensions are limited, so the reply should be started as soon as the report arrives.
What is not included. Government fees, statutory charges, stamp duty, court and registry fees, digital signature costs and any third-party professional charges are separate and payable at actuals. GST applies on professional fees where indicated. Prices shown are indicative and may change without notice; we confirm the total in writing before any work begins — see our terms on pricing.
Talk to us about Design Objection Reply
Share your requirement and our team will confirm the documents needed, the exact charges and a realistic timeline — usually the same working day.
- Expert document checking before submission
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