Design Objection Reply —
Defend Your Design &
Secure Registration
When the Patent Office's Design Examiner raises objections to your design application, you have a limited window to respond — or the application lapses. Objections range from novelty challenges citing prior art, to representation defects, Locarno classification issues, and statements of novelty that are too broad. TaxClue drafts point-by-point responses to every type of design examination objection, with hearing representation before the Controller included as standard.
Reply to Design Objection
Response drafted within ✅ 5–7 working days
6 Types of Design Examination Objection — How TaxClue Responds
The Patent Office Design Examiner raises objections when the application does not satisfy the requirements of the Designs Act, 2000 or Designs Rules, 2001. Each type of objection requires a different response strategy.
Novelty Objection — Prior Art Cited
Examiner cites an earlier registered design or published document as prior art that allegedly anticipates the design
Representation Defect
Drawings or photographs are incomplete, non-compliant with Patent Office standards, or show inconsistent views
Locarno Classification Issue
Examiner objects that the design has been filed under an incorrect Locarno class or subclass
Statement of Novelty Issues
Examiner finds the statement of novelty too broad, too vague, or inconsistent with the representations
Functionality Objection
Examiner argues that the claimed features are purely functional and therefore excluded from design protection
Prior Disclosure / Excluded Matter
Examiner alleges the design was publicly known before the filing date, or falls within excluded subject matter under Section 4
Anatomy of a Design Examination Objection Letter
Design objection letters from the Patent Office follow a standard format. Understanding every element before drafting a response is essential — overlooking a single ground can leave the application vulnerable even after a response is filed.
TaxClue reads the objection in full, categorises each ground, and constructs a complete point-by-point reply backed by visual analysis, corrected representations, and legal arguments where needed. Responses are always filed before the deadline — never at the last minute.
Design Objection Letter — Standard Structure
How TaxClue Builds the Response
Every design objection reply is built on visual analysis, legal arguments, and corrected representations where needed.
Visual Comparison Analysis
For prior art objections, TaxClue performs a side-by-side visual comparison of the applicant's design against each cited prior art reference — identifying every visual difference that creates a distinct overall impression on an informed user.
Corrected Representations Prepared
Where representation defects are cited, TaxClue prepares fully corrected drawings or photographs — technically compliant with Rule 14 of the Designs Rules, 2001, strategically maximising the visual scope of protection claimed.
Revised Statement of Novelty
Where the statement is objected to, TaxClue drafts a precisely worded revised statement that focuses on the aesthetic features clearly distinguishable from any prior art, while avoiding unnecessarily narrow limitations.
Legal Counter-Arguments
Cited case law and WIPO design practice guidance deployed where relevant — particularly for functionality objections, prior disclosure disputes, and borderline novelty cases. Arguments cite Indian and international design precedents.
Hearing Representation
If the Examiner or Controller schedules a hearing after the written response, TaxClue prepares oral arguments and represents the applicant before the Controller of Designs — included in the service at no additional charge.
From Objection Receipt to Registration — 5 Steps
Objection Reviewed
TaxClue receives and analyses the full objection letter — every ground categorised, prior art assessed, representation defects identified, deadline confirmed.
Day 1Prior Art Analysis
Cited prior designs located and visually compared against the applicant's design. Distinctive features that create a different overall visual impression systematically documented.
Day 1–3Response & Representations Prepared
Point-by-point written response drafted. Corrected representations prepared where needed. Revised statement of novelty drafted. Applicant reviews before finalisation.
Day 3–7Filed with Patent Office
Complete response filed with the Patent Office Design Wing before the deadline — including written reply, corrected representations, and any supporting evidence.
Within deadlineRegistration (or Hearing)
If Examiner accepts the response, design is registered and certificate issued. If Examiner maintains objections, a hearing before the Controller is scheduled — TaxClue attends and argues.
1–6 months after3 Outcomes After a Design Objection Reply
Objection Overruled — Design Registered
The Examiner accepts the written response and finds the design registrable. Design is entered in the Register of Designs and a registration certificate is issued. Protection runs for 10 years from the original filing date.
Amended Representations / Statement Accepted
Examiner accepts the corrected representations or revised statement of novelty — but only in the revised form. Registration proceeds on the basis of the amended application. Scope of protection may be narrower but the design is protected.
Hearing Ordered — Controller Decides
Where the Examiner maintains the objection after written submissions, a hearing before the Controller of Designs is scheduled. TaxClue presents oral arguments. The Controller issues a written order — appealable to the High Court if refused.
❓ Frequently Asked Questions
The Designs Rules, 2001 provide that when an objection is raised by the Examiner, the applicant must respond within 1 month of the date of the objection letter. A single extension of time is available on request — but it is not automatic and should not be relied upon as a planning assumption. After two months without response, the application is treated as abandoned and cannot easily be revived. TaxClue begins work on a design objection reply the day the objection is received — the deadline is tracked from day one and the response is never filed at the last minute. Contact TaxClue immediately on receiving the objection letter and do not wait until the deadline approaches.
The test for novelty in design law is not whether the designs are identical — it is whether they create the same overall visual impression on an informed user (a person familiar with the prior designs in the relevant product sector, neither the most casual observer nor a specialist technician). TaxClue performs a systematic visual comparison: identifying every feature present in the applicant's design that is absent from the cited prior art — different proportions, distinct decorative elements, unique surface treatment, different curvature or silhouette. Even a design that shares some features with prior art can be registered if the combination and arrangement of features creates a sufficiently different overall visual impression. The strength of this argument depends on how different the designs actually are — TaxClue will give a candid assessment before drafting the response.
Yes — where the objection relates to defective representations (missing views, non-compliant format, inadequate quality), the applicant can and must submit corrected representations with the response. However, there is an important limitation: the amended representations must not add new features that were not disclosed in the original application — they can correct defects in how the design is shown, but cannot introduce a substantially different design. TaxClue prepares corrected representations that address every specific defect identified by the Examiner while ensuring the revised drawings remain consistent with the original application disclosure. Professional preparation of technically compliant representations is often the most important element of a successful objection response.
If the Controller of Designs refuses the application after a hearing, the applicant can appeal under Section 19 of the Designs Act, 2000. The appeal lies to the High Court having jurisdiction over the Patent Office office where the application was filed. The appeal must be filed within the period prescribed under the relevant limitation rules. TaxClue reviews every Controller refusal order for legal errors — including incorrect application of the novelty test, failure to consider all distinctive features, or procedural irregularities — and advises on the prospects of a successful High Court appeal. In appropriate cases, TaxClue coordinates with IP litigation counsel for the court proceedings.
⚠️ Design Objection Reply Mistakes to Avoid
These errors frequently result in design applications being refused or registered with unnecessarily narrow protection:
- Missing the 1-month response deadline — application is abandoned; revival is difficult and not guaranteed
- Responding only to some of the objection grounds — every ground must be addressed; unanswered grounds are treated as conceded
- Submitting corrected representations that show a different design — Examiner will raise a new objection that the amendment introduces new subject matter
- Unnecessarily narrowing the statement of novelty to overcome a novelty objection — limiting protection below what the design actually supports
- Arguing against functionality objections without demonstrating that alternative functional solutions exist — the key legal test
- Filing a response to a prior art objection without conducting a proper visual comparison — bare assertions of novelty without specific visual differences rarely satisfy the Examiner
- Not requesting an extension when more time is genuinely needed to prepare corrected representations — file extension request immediately if needed
- Not attending the hearing if one is scheduled — non-appearance is treated as abandonment of the application
Trusted by 10,000+ Clients Across India
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"Our design application for a new bottle shape received a novelty objection citing a registered German design. TaxClue's visual comparison response showed 7 distinct differences in the silhouette and surface pattern. Examiner accepted — registration granted."
"The examiner objected to our furniture design representations — said three views were non-compliant. TaxClue prepared professional technical drawings in 3 days, filed the response, and the design was registered two months later. Fast and thorough."
"I received a trademark objection after waiting 18 months and panicked. TaxClue responded within 6 days with a strong reply and the mark was approved. Later they handled our design objection with the same speed and expertise."
"The functionality objection on our tool design was tricky — examiner said the ergonomic handle was purely functional. TaxClue argued that alternative functional designs exist that look completely different, proving our shape was an aesthetic choice. Objection overruled."
"Our FER had Section 3 objections on our software patent application. TaxClue prepared a detailed technical and legal response that distinguished our claims from prior art. Patent granted 4 months later — exceptional work by the team."
"We needed to protect our new consumer electronics product design and had already received an objection. TaxClue handled the response completely — corrected drawings, revised statement, and appeared at the hearing. Registration certificate in hand."
Complete Design Protection with TaxClue
Trademark Objection Reply
TM Registry objection — same expert team, different IP right.
Learn More →A Design Objection Unanswered Is a Design Abandoned
The 1-month deadline is strict. Every ground must be answered. Corrected representations must meet exact Patent Office standards. TaxClue handles the complete response — visual analysis, legal arguments, corrected drawings, and hearing representation — so your design registration doesn't slip away.
🔒 Confidential · Free Assessment · 4.9★ · 1-Month Deadline Tracked · All 6 Objection Types · Hearing Representation Included