Design Objection Reply: Answer the Examiner and Save Your Application
A design objection reply is your written answer to the examiner after IP India raises objections to your design application. Under Rule 18 you have three months from the official communication to remove the objections or ask for a hearing. We draft the reply and prepare you for the hearing.
What it is
After you file Form 1, an examiner checks the application against the Designs Act, 2000 and the Designs Rules, 2001. If something is wrong, the Controller communicates objections to you. A design objection reply answers those objections point by point, with corrected drawings, a clearer statement or a legal argument.
Rule 18 of the Designs Rules sets the clock. You must remove the objections, or apply for a hearing, within three months of the communication. The grounds usually come from Section 2(d), which defines what a design is, and Section 4, which bars designs that are not new, were disclosed before filing, are not significantly distinguishable or contain scandalous or obscene matter. If you have not filed yet, read about design registration first.
Who it applies to
You received an examination report
The IP India portal shows objections against your application. In practice, most are fixable with revised representation sheets, a better article name or a proper disclaimer.
Your design looks like something older
The examiner may cite a registered design or a published one. You will need to show how your design is significantly distinguishable.
You filed without a professional
A Ballabgarh handicraft unit that drew its own sheets and guessed the class will often get an objection. Home-made drawings and wrong class choices draw them regularly. A second look usually finds the gap quickly.
Why it matters
Silence can end the file
If objections are neither removed nor a hearing sought within the Rule 18 period, the application is exposed to refusal. A reply keeps it alive.
Your filing date is worth protecting
A registered design dates from your application under Section 5(3). Starting again would give a later date, and anything published in between can destroy novelty.
A written record helps later
What you say in the reply stays on file. A clear, consistent position helps if the design is ever challenged or enforced.
Common objections and how we answer them
| Objection | Legal basis | How we respond |
|---|---|---|
| Design is not new or original | Section 4 | Compare with the cited design, then argue the points of difference |
| Disclosed to the public before filing | Section 4 | Check dates and any priority claim, then reply with evidence |
| Not significantly distinguishable from known designs | Section 4 | Highlight the visual features that set yours apart |
| Looks like a mechanical device, a mark or an artistic work | Section 2(d) | Clarify that the claim is to appearance applied to an article |
| Wrong class or article name | Section 5(3), Locarno classification | Correct the article name and class on the record |
| Unclear or incomplete drawings | Designs Rules | Prepare fresh representation sheets with all needed views |
Here is the catch: a reply should never claim features the drawings do not show. A Faridabad lamp maker who answers a novelty objection with a feature missing from the drawings only makes things worse.
Documents required
From the application
- Examination report or objection letter
- Form 1 and drawings as filed
- Application number and filing date
To answer the objection
- Revised drawings or photographs, if needed
- Corrected article name and Locarno class
- Statement of novelty, redrafted if required
- Evidence of the date of first publication, if disclosure is alleged
For authority and hearing
- Form 21 authorising us as your agent
- Startup or small-entity proof, where claimed
- Proof of applicant identity and address
How it works
Read the objection against your file
We read the examiner’s points next to your Form 1, drawings and statement. Then we tell you plainly which points are fixable and which need an argument.
Compare the cited designs
If the examiner cites an earlier design, we pull it up and compare the two views line by line. Your reply will rest on visible differences, not general claims.
Draft the reply and revised drawings
We write a reply that answers each objection in order, add corrected sheets if needed, and send it to you for approval before filing.
File on time and prepare for the hearing
We file on the IP India portal inside the Rule 18 period. If a hearing is fixed, we prepare your submissions and coordinate who appears. We then follow the file until acceptance or order.
Timelines
Three months to respond
Rule 18: remove the objections, or apply for a hearing, within three months of the communication of the objections.
Hearing notice
At least ten days’ notice of the hearing date is given under Rule 18. We prepare submissions in that window.
Six months to complete
The whole application must be put in order within six months of filing. A Form 18 request, made before that period ends, can extend it by up to three months.
What happens if you do not reply
The application can be refused
If the objections are not removed and no hearing is sought in time, the Controller can refuse the application.
You may lose the design
Refusal ends the claim, and a new filing carries a later date. Publication or sales in the meantime can make the design non-registrable.
An appeal is the only route
A Controller’s order can be appealed to the High Court under Section 36, within three months of the order, with the time for obtaining a copy excluded. A practising advocate handles the appeal.
Frequently asked questions
What is a design objection?
It is a written objection from the Controller or examiner against your design application, raised after Form 1 is examined. The objection may say the design is not new, was disclosed earlier, or is described wrongly. It is not a rejection. You get a chance to reply, correct the papers and be heard. We read the report with you and agree a plan well before the deadline.
How long do I have to reply to a design objection?
Three months from the communication of the objections, under Rule 18 of the Designs Rules, 2001. Within that period you must remove the objections or apply for a hearing. The six-month completion period for the whole application also runs. We note both dates on day one, and file well before either one ends.
Can the period for completing my application be extended?
Yes, by up to three months, if you ask before the six-month period ends. Rule 18 allows the extension through Form 18. The government fee is ₹200 per month for natural persons, startups and small entities, and ₹800 per month for others. We file the request before the original period closes, so nothing lapses by oversight.
What are the usual grounds for objection to a design?
Most objections come under Section 4 or Section 2(d). The design may appear not new, may have been disclosed before filing, or may not be significantly distinguishable from known designs. Others say the claim is a mere mechanical device or a trade mark. Class and drawing errors are also common. Each has a standard reply, and we match the reply to your facts.
Will there be a hearing on my design application?
You can request one within the Rule 18 period, and the Controller may fix one if objections remain after your reply. The hearing notice must be at least ten days. We prepare short written submissions and a list of points for the hearing. You walk in knowing what to say.
Can I change my drawings in reply to an objection?
Yes, you can submit corrected drawings to answer an objection, but they must show the design you filed, not a new one. Adding features that were not in the original filing invites a fresh objection. We check each revised view against the original, so the reply fixes the problem without changing the design.
What if the Controller refuses my design application?
You can appeal to the High Court under Section 36 of the Designs Act, within three months of the order. Time spent getting a copy of the order is not counted. A practising advocate drafts and argues the appeal; we prepare the record and coordinate. Before any appeal, we check whether a fresh submission before the Controller is still possible.
Does a design objection affect my filing date?
No, as long as the application stays alive and is accepted. A registered design is registered as of the date of application under Section 5(3). That is why replying on time matters: a refused file means a new filing with a later date. We keep your original date by answering within the period.
Do I need to attend the design hearing in person?
You can usually be represented, and a Form 21 authorisation lets us act as your agent for the file. We prepare the submissions and coordinate who appears for you. If you are the designer and want to explain the visual features yourself, we arrange that too. Tell us what you prefer and we plan around it.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
Government fees for related steps, from the First Schedule to the Designs Rules, 2001: Form 18 (extension of time) is ₹200 per month for natural persons, startups and small entities and ₹800 per month for others. The reply itself is filed through the portal; we confirm any fee that applies to your case before filing.
Ready to begin?
Send us the examination report and we will tell you what to answer, and by when.