Design Objection

Professional response to Design Office objections — counter-statements with novelty evidence, prior art comparison, and formal compliance for design applications.

5.0 / 5.0

Overview

The Controller of Patents and Designs may raise objections to a design application after examination on grounds including: the design is not new or original (prior art exists), the design is not registrable (purely functional, obscene, or contrary to public order), the representations are inadequate or do not clearly show the design, or formal requirements are not met.

MFiling prepares well-reasoned responses to design objections with evidence of novelty, comparative analysis of cited prior designs, correct amended representations where required, and legal arguments establishing that the design meets all registrability criteria under the Designs Act, 2000. Our IP team is experienced in addressing all common objection types — including inadequate representation resubmissions and novelty arguments against cited prior art.

MFiling professional charges: from Rs.2,999 per objection response.

Key Benefits

Saves Application from Abandonment
A missed 30-day deadline results in automatic abandonment — professional response preserves your application.
Expert Novelty Arguments
Comparative analysis of cited prior designs demonstrating significant differences in visual impression.
Corrected Representations Prepared
MFiling prepares corrected 5-view drawings if the objection is about inadequate representations.
Formal Compliance Issues Resolved
Address statement of novelty, disclaimer, and classification issues raised in the examination.

Documents Required

Copy of Controller's Examination Letter with Objection Grounds
Original Design Application Drawings and Statement of Novelty
Comparative Analysis of Cited Prior Design vs. Applicant's Design (prepared by MFiling)
Corrected Representations (if drawings are objected to as inadequate)
Evidence of Novelty — Development Records, Creation Timeline

How it Works

Analyse Objection Letter (Day 1)

Review each objection ground — novelty (prior art cited), representation adequacy, or formal requirements.

Analyse Cited Prior Art (Day 1–3)

Identify key differences between cited prior design and applicant's design — visual impression analysis.

Prepare Corrected Representations (if needed) (Day 2–7)

Create improved drawings/photographs addressing any representation quality objections.

Draft Counter-Statement (Day 3–7)

Prepare written response addressing each objection with comparative analysis and legal arguments.

File Response with Design Office (Within deadline)

Submit counter-statement with corrected representations and evidence within specified deadline.

Frequently Asked Questions

What is the deadline for responding to a design objection?
The Design Office typically gives 3 months to respond to an examination objection. If no response is filed, the application is deemed abandoned. Extensions can be requested before the deadline expires. MFiling tracks all design objection deadlines and ensures timely responses for all clients.
Can I appeal a Design Office refusal after my objection response is rejected?
Yes. If the Controller of Patents and Designs rejects your counter-statement and refuses the design application, you can appeal the refusal to the High Court under Section 19 of the Designs Act, 2000. The appeal must be filed within 3 months of the refusal order. MFiling supports clients through both the counter-statement stage and, if required, prepares the appeal petition for High Court filing.
Service Price
₹2,999
Starting price · GST extra
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Saves Application from Abandonment
A missed 30-day deadline results in automatic abandonment — professional response preserves your application.
Expert Novelty Arguments
Comparative analysis of cited prior designs demonstrating significant differences in visual impression.
Corrected Representations Prepared
MFiling prepares corrected 5-view drawings if the objection is about inadequate representations.
Formal Compliance Issues Resolved
Address statement of novelty, disclaimer, and classification issues raised in the examination.

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Service Price
₹2,999
Starting price · GST extra

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