IP India Transitions Design First Examination Reports (FER) to Mandatory Electronic Communication

Published Date: 22 September 2026

Last Updated Date: 28 September 2026

Reviewed by: Akash P R, Business Consultant & Industrial Design Strategist, D BIZ CONSULTANCY PVT. LTD.

News Summary & Quick Answer

On 7 September 2026, the Patent and Design Office (Controller General of Patents, Designs and Trade Marks) issued an official notice announcing that all First Examination Reports (FER) in industrial design applications will now be issued strictly through electronic communication. Physical dispatch by post has been discontinued. Applicants must actively monitor their registered email addresses and docket schedules to avoid having their applications declared abandoned.

Key Update at a Glance

Under the Designs Act, 2000 and Designs Rules, 2001, once an application for registration of an industrial design (shape, configuration, pattern, ornament, or composition of lines or colours) is submitted, the examiner issues a First Examination Report (FER) raising objections regarding novelty, prior publication, representation sheets, or class classification.

With the notice of 7 September 2026, the Patent Office has completely discontinued postal dispatch. All examination communications are transmitted instantly to the email address recorded in the application.

Previously, applicants frequently relied on postal delivery. Physical speed posts were prone to transit losses, wrong address deliveries, or delays of up to 3 to 4 weeks. In many cases, by the time an applicant received the physical notice, half of their statutory response period had already elapsed.

• Delivery Mechanism: Direct email with PDF attachment and portal status update.
• Statutory Response Window: Under Rule 18 of the Designs Rules, 2001, the applicant must overcome all objections within 6 months from the date of filing or notification (extendable by 3 months upon filing Form 4).
• Date of Receipt: The date of email transmission is legally deemed as the date of official service.

• Hardware and IoT startups in Technopark Trivandrum and Kochi Maker Village.
• Manufacturing companies creating distinctive product packaging, consumer appliances, or fashion goods.
• Patent and design agents managing intellectual property dockets across Kerala and India.

Formalized by official notice on 7 September 2026.

Practical Protocol for Design Applicants:

1. Maintain an Active Official Email ID: Ensure that the email ID given in Form 1 does not belong to a former employee or personal inbox.
2. Whitelist IP India Domains: Whitelist '@nic.in' and '@gov.in' to prevent official FER emails from being routed to spam/junk folders.
3. Establish an IP Docket Tracker: Log application filing dates, check portal status every fortnight, and set automated reminders.
4. Respond Professionally: Responding to a design FER requires preparing revised representation sheets (front, back, perspective, side views) that strictly conform with the Designs Rules.

Case Scenario:

An electronics hardware startup based in Kalamassery, Kochi, filed a design registration for a novel smart medical device enclosure.

Under the new 7 September electronic FER protocol, the Design Office issued an examination objection regarding the clarity of perspective views via email on 14 September. Because the startup had appointed D BIZ CONSULTANCY as their authorized IP representative, our team received the electronic notification instantaneously, prepared amended CAD view drawings, and filed the response within 10 days—securing registration without risk of abandonment.

• Deemed Abandonment: If objections are not answered or an extension is not sought within the statutory period, the design application is deemed abandoned under Section 5(5) of the Designs Act, 2000.
• Permanent Loss of Novelty: Once an unregistered design has been commercially manufactured or displayed in public, it loses novelty, permanently barring subsequent refiling.

D BIZ CONSULTANCY PVT. LTD. protects intellectual property and industrial designs for tech startups and manufacturing innovators across Kerala.

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• Ernakulam / Kochi Corporate Hub:

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1. How are Design First Examination Reports (FER) delivered in 2026?

Following the 7 September 2026 notice, Design FERs are sent exclusively via electronic email and updated directly on the IP India e-filing portal. Postal dispatch has been discontinued.

2. How much time is given to respond to a Design Examination Report?

Applicants typically have up to 6 months to overcome all objections, which can be extended by an additional 3 months upon filing an extension request in Form 4.

3. What happens if a Design FER is not replied to in time?

If the objections are not addressed within the statutory window, the application is deemed abandoned, and all proprietary exclusivity over the design is forfeited.