Grounds for Rejection
- The design may be rejected if it lacks novelty or originality.
- It can be refused if it does not conform to the definition under the Designs Act, 2000.
- A design that is functional in nature may be disqualified.
- Any design found to be obscene or contrary to public morality may be rejected.
- Incomplete documentation or failure to respond to objections can also lead to rejection.
Examination Report and Response
- If objections are found, an examination report is issued to the applicant.
- The applicant is given an opportunity to reply within six months.
- A further extension of up to three months may be granted upon request.
- The response may include clarifications, modifications, or supporting evidence.
- If the response is unsatisfactory or not submitted, the application is rejected.
Consequences of Rejection
- A rejected design does not receive legal protection under the Designs Act.
- The design is not entered in the Register of Designs.
- The applicant loses exclusive rights to the design.
- Any public disclosure of the rejected design may forfeit novelty.
- The design enters the public domain if not subsequently protected.
Options After Rejection
- The applicant may file a request for a hearing with the Controller of Designs.
- If still dissatisfied, an appeal can be made to the High Court.
- Fresh filing is possible with necessary modifications to address earlier objections.
- The applicant must ensure that the new filing meets all legal requirements.
- There is no automatic restoration of a rejected design without reprocessing.
Administrative Record and Communication
- The decision of rejection is formally recorded by the Design Office.
- The applicant is notified through official communication.
- No publication is made for rejected designs in the Designs Journal.
- The rejection does not prevent filing for the same design under other IP laws.
- Proper recordkeeping of the rejection is maintained in the applicant’s file.
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