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.