The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) changed how First Examination Reports (FERs) for design applications in India are communicated. Through a public notice, the office has stated that, with effect from October 2, 2026, FERs will ordinarily be communicated only through the email address provided in Form-1 under the “Address for Service in India” particulars. Consequently, physical dispatch of FERs by post will ordinarily stop, marking a further step towards paperless administration and digital communication in intellectual property (IP) registration.
Background and Regulatory Framework
Under Rule 4 of the Designs Rules, 2001, applicants must provide their email address, mobile number, and other contact details in the prescribed application form. The Design e-Filing Portal provides an electronic platform for filing applications, receiving official communications, and submitting responses.
The public notice builds on this present digital infrastructure by making email the standard channel for communicating FERs. The change aims to promote efficient, paperless administration in support of the Government’s Digital India initiative.
However, the notice uses the term “ordinarily”, allowing a limited exception. The Controller may arrange physical dispatch where necessary in the interest of justice or due to administrative exigencies, provided the reasons are recorded in writing. Accordingly, applicants should treat email as the primary channel for receiving FERs, despite the limited discretion to communicate them physically.
Key Implications for Applicants and IP Practitioners
- Applicants must verify that the email address provided in Form-1 or through the Design e-Filing Portal is correct, active, and accessible, and promptly update any changes to their contact details.
- Applicants and their representatives should regularly check their registered email accounts, including spam and junk folders, to avoid missing official communications.
- Since FERs require responses within the applicable period, timely identification and action are essential to avoid missed deadlines and possible risks to the application.
- Stakeholders should regularly check application status for updates indicating that an FER has been generated and a response is awaited.
- Law firms and IP teams should strengthen internal docketing systems to record incoming FERs, assign responsibility and track response deadlines.
Recommended Compliance Measures
Applicants and IP practitioners should review their existing design filings to verify the accuracy and availability of registered email addresses. They should ensure official communications are not filtered into spam folders, regularly monitor application status, and maintain effective systems for recording examination reports and tracking response deadlines.
Organisations managing substantial design portfolios may also consider centralised email monitoring, automated docketing procedures and periodic reviews of pending applications. These measures can help ensure that FERs are recognised promptly and addressed within the applicable timelines.
Conclusion
The CGPDTM’s decision to communicate FERs for design applications primarily through email marks a procedural shift toward streamlined, paperless IP administration. Although it does not impose new substantive requirements for design registration, it does place greater emphasis on accurate contact information, continuous monitoring of official communications and effective deadline management.
It will be important for applicants, registered patent agents and advocates to review the existing records and improve the internal monitoring and docketing procedures in order to ensure that the transition does not lead to examination reports being missed or to unnecessary delays in the design registration process.
Authors: Manisha Singh and Kratika Patel