Rules 18-21 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
After a design application is examined, rules 18 to 21 control what happens next. If the Controller finds an objection, the applicant has three months to remove it or ask for a hearing, subject to an outer limit of six months from filing. The Controller then decides, communicates his decision in writing, and the date of dispatch becomes the date for appeal. An application that is not completed in six months is deemed abandoned. If you have received an examination report, our design objection reply service helps you answer it in time.
The applicant has three months from the date of official communication of the objection to remove it or apply for a hearing; if not, the application is deemed withdrawn. The period for removal shall not exceed six months from the date of filing. A hearing needs at least 10 days' notice. The Controller's written decision gives his grounds, and its date of dispatch is the date for appeal. An application not completed within six months from filing through the applicant's neglect or default is deemed abandoned.
Source note
Rules 18 to 21 are read as notified in 2001. The Designs (Amendment) Rules, 2021 (G.S.R. 45(E)) did not change them. The 2014 amendment (G.S.R. 925(E)) is not in the sources consulted, and later amendments should be checked, particularly for periods and modes of hearing. These rules operate on the examination under section 5 of the Designs Act, 2000, and the appeal date matters for section 36 of the Act.
Rule 18: objections
Rule 18(1): three months, with a six-month ceiling
If, on the report of the examiner referred under section 5(1), "any objection appear to the Controller is adverse to the applicant or requires any amendment of the application", a statement of the objections "shall be sent to the applicant or his agent in writing". Then: "unless within three months from the date of official communication of objection the applicant or his agent removes the objection or applies for hearing, the applicant shall be deemed to have withdrawn his application".
The proviso: "the period for removal of the objection shall not exceed the time period of six months from the date of filing of the application."
So there are two clocks. The three months run from the official communication of the objection; the six months run from the date of filing. If the objection is communicated late in the six months, the proviso cuts the period short. Read together with rule 21, the application as a whole has six months to be put in order. The text does not explain how the proviso fits if the communication itself comes after five months.
Rule 18(2): fixing the hearing
If the applicant or agent applies for a hearing within the three months, "or if the Controller considers it desirable to do so, whether or not the applicant has refiled his application, fix a date for hearing having regard to the time remaining for completion of the application as provided under rule 21." Drafting slips: the text says "three month" and "refiled"; the sense is a hearing within three months of the statement of objections.
Rule 18(3): notice
"At least 10 days notice" of the hearing is to be given, "or such shorter notice as appear to the Controller to be reasonable in the circumstances of the case", and the applicant "shall as soon as possible notify the Controller whether he shall attend the hearing."
Rule 18(4): telephone hearings
"Hearing, as required under sub-rules (1), (2) and (3) may be allowed whenever possible on phone followed by detailed submission on tele-fax/e-mail." The text speaks of phone, fax and e-mail; it does not describe video hearings or any portal.
Rule 18(5): the result
"After hearing the applicant or without a hearing if the applicant has not attended or has notified that he does not desire to be heard, the Controller may register or refuse to register the design as he thinks fit." Note "may ... as he thinks fit": the rule itself gives no grounds for registering or refusing.
Rule 19: decision of the Controller
"The decision of the Controller containing the grounds and materials used by him in arriving the decision at such hearing as aforesaid shall be communicated in writing to the applicant or his agent." A reasoned decision, with the grounds and the materials used, goes in writing to the applicant or agent.
Rule 20: date for appeal
"The date on which the decision of the Controller is dispatched shall be deemed to be the date of the Controller's decision for the purpose of appeal." The Act provides the appeal itself (to the High Court under section 36, as covered in our article); this rule fixes the date from which the appeal period is counted as the date of dispatch, not the date on which the decision is received. The appeal period itself is set by the Act (three months in section 36).
Rule 21: non-completion within six months
"An application which owing to any neglect or default of the applicant, has not been completed so as to enable registration to be effected within six months from the date of application, shall be deemed to be abandoned."
| Rule | Period | Counted from | Consequence |
|---|---|---|---|
| 18(1) | three months | official communication of objection | deemed withdrawn if no removal or hearing request |
| 18(1) proviso | six months (outer limit) | date of filing | removal period cannot exceed it |
| 18(3) | at least 10 days | notice of hearing | shorter notice if reasonable |
| 21 | six months | date of application | deemed abandoned if incomplete through neglect or default |
The words "owing to any neglect or default of the applicant" matter: they limit the rule to delay owing to the applicant. The text does not give an example, and does not provide a way to revive an abandoned application.
Illustrations (invented)
Reply in time. Dhruv Appliances files an application on 2 January. On 20 January the Controller sends a statement of objections to its agent. The agent files a reply and applies for a hearing within three months of 20 January and before six months from 2 January. The hearing is fixed with at least ten days' notice, and the Controller decides after hearing.
Silence. Mehta Sports takes no action on a statement of objections. After three months from the official communication, the application is deemed withdrawn under rule 18(1).
Appeal date. The Controller refuses a design on a decision dated 5 March and dispatched on 8 March. Under rule 20 the date of the decision, for the purpose of appeal, is 8 March.
What the rules do not say
- They do not say how an objection or a decision is served beyond "official communication" and "dispatched".
- They do not say whether a deemed withdrawal under rule 18 and a deemed abandonment under rule 21 can be reversed.
- The rules give no form for the reply to an objection.
Need help with an examination report?
The three-month and six-month clocks leave little room for delay. Our design objection reply team can prepare the reply, request a hearing and appear before the Controller for you.
Key takeaways
- Three months from official communication to remove the objection or apply for a hearing, or the application is deemed withdrawn.
- The removal period cannot exceed six months from the date of filing.
- A hearing needs at least 10 days' notice, or shorter notice if reasonable; it may be by phone with written submissions.
- The decision is communicated in writing with grounds; the date of dispatch is the date for appeal.
- An application not completed in six months through the applicant's neglect or default is deemed abandoned.
- The 2014 amendment is not in the sources consulted; check later amendments.
Read next
- Rules 16-17: claim to proceed as applicant and acceptance of application
- Rules 22-23: publication of registered design and extension of copyright
- Design registration timeline: from filing to certificate
Disclaimer: Based on the Designs Rules, 2001 as notified and the Designs (Amendment) Rules, 2021, as consulted on 1 October 2026. Other amendments may apply; fees and forms change from time to time. This article is general information, not legal advice; check the official text before acting.