Prosecution

1. Will a design application be examined for “novelty”?

Yes. The Examiner conducts a novelty search to identify any relevant prior published design.

2. What is the due date for filing a response to the first examination report in a design application?

The due date for filing the response to the first examination report is six months from the date of filing the application in India.

3. Are any extensions available for filing the response to the first examination report in a design application?

An extension of three months is available for filing the response to the first examination report. The request for extension must be filed on or before the six months’ due date for filing the response to the first examination report.

4. Is it possible to conduct a telephonic hearing with the Controller in a design application?

Yes, the Design Office allows telephonic hearing. However, it is subject to the discretion of the Controller.

5. Can the Applicant amend the application in response to the examination report or hearing notice in a design application?

Yes, the applicant can amend the application within permissible limits, to meet the registration requirements.

6. Can the applicant file an appeal against a Controller’s refusal order in a design application?

Yes, the applicant can file an appeal against a Controller’s refusal order. Such an appeal must be filed at the Calcutta High Court within three months of the date of the order of the Controller.