Substantive Examination :
Substantive examination is carried out to determine whether the design under consideration is:
(a) ‘a design’ under the Act?
(b) new or original?
(c) prejudicial to public order or morality?
(d) prejudicial to the security of India? [Section 2 (d), 2(g), 5(1), 46 ]
The Controller shall consider the report of Examiner on registrability of a design as applied to an article and if it is registrable, the same shall be registered forthwith. The registration certificate shall be issued and sent to the applicant at the earliest.
If upon consideration of the report, the Controller is of the opinion that there are objection(s) adverse to the applicant or the application requires some amendment(s), a statement of objections shall be communicated to the applicant or to his agent at the address for service by the Controller.
The defects shall be corrected and the application resubmitted for acceptance within six months or within the extended period from the official date of the application. [Section 5(1), Rule 18]