Design Objection Reply
Answer the design examination report in time.
A design application is examined for novelty, for prior publication, and for whether the representations meet the registry's formal requirements. Objections on all three are common.
Novelty objections cite an earlier design and must be answered by distinguishing the visual features — the test is what the eye judges, so the argument is about appearance rather than function.
Formal objections are usually about the representation sheets: missing views, inconsistent shading, or a statement of novelty that claims more than the drawings show.
What is included
- Examination report analysed
- Reply drafted on the grounds raised
- Amended representation sheets where required
- Hearing attended if one is listed
What we need from you
- The examination report and application number
- Original drawings or photographs
- Details of the article and its novelty
- Power of attorney
Questions
What is the deadline to reply to a design objection?
The period stated in the examination report, commonly three months, extendable on application. An application not put in order within six months of the report date is treated as withdrawn.
Also in Trademark & IP
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