Responding to Examination Report
- A suitable reply to objections raised by the Controller in the First Examination Report (FER) issued by the Indian Patent Office must be filed within 6 months from the date of issuance of FER. Further, it is possible to request extension up to 3 months to file the response to FER.
- It is important to reply to each and every objection raise by the Controller.
- Reply to objections must be precise and well-crafted to convince the Controller in order to increase the chances of allowance of the application for grant of a patent.
- It is also important to submit details of corresponding applications filed in other countries on Form 3 as failure to file such details may lead to revocation of patent later.
Attending Official Hearing
- In most of the matter the Controller appoint official hearing in order to provide an opportunity to applicant and/or agent of the applicant to put forward their arguments in respect of objections raised by the Controller.
- Usually, 10 days of advance notice is given to applicant and/or agent of the applicant with the list of objections still pending.
- Official hearings are conducted in-person or via video conferencing. In case of hearing appointed via video conferencing a web link is provided by the concerned Controller.
- After attending the hearing it is important to submit written submissions elaborating arguments made during hearing and supportive submissions.
- Written Submission must be submitted within 15 days from the date of hearing.
- The Controller then issue reasoned decision within one month from the date of submission of written submissions.