Patent Examination

Patent Examination

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.
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