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Q6. What are the procedures for obtaining a design right? And, how long does it take to obtain the design right from filing of an application?

Q6. What are the procedures for obtaining a design right? And, how long does it take to obtain the design right from filing of an application?

A6. When an application is filed, it is subjected to a formality examination and then substantive examination. A request for examination need not be filed.
In 2007, on average a first Office Action will be issued about 7 months from the filing date. An accelerated examination can be requested if the application meets specified requirements e.g. the application has a counterpart foreign application. If the accelerated examination is approved, the applicant may expect the first Office Action to be generally issued in about 2 months from the submission of such a request. The time period for obtaining a design right from the filing of the application depends on whether the first Office Action is a decision of registration or a notice of reasons for rejection.
If an Examiner issues a Decision of Rejection, the applicant is entitled to file an appeal to the Appeal Board.
The flow chart below shows the procedures from the filing to registration of an application.

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