Examination and the First Examination Report
Nothing happens until you ask. Then a clock starts that has ended more Indian applications than any prior art ever has.
An Indian application is not examined automatically. A request for examination must be filed within the period prescribed by the Rules, and if it is not, the application is treated as withdrawn — with no route back.
The examiner searches for prior art and reports objections. The Controller then issues the first examination report, which is where novelty, inventive step, Section 3 objections, unity, sufficiency and formal defects all arrive at once.
The response window is fixed and short. It is the single most common place where a good invention is lost to administration rather than to law.
The provisions that govern this
Act sections and Rules are listed separately, as they always are on this site. Open a provision for its own explanation, example and deadlines.
- 11BRequest for examination
- 12Examination of application
- 13Search for anticipation by previous publication and by prior claim
- 14Consideration of report of examiner by Controller
- 15Power of Controller to refuse or require amended applications, etc., in certain cases
- 16Power of Controller to make orders respecting division of application
- 18Powers of Controller in cases of anticipation
- 19Powers of Controller in case of potential infringement
- 21Time for putting application in order for grant
- 22Acceptance of complete specification
- 27Refusal of patent without opposition
- 57Amendment of application and specification before Controller
- 59Supplementary provisions as to amendment of application or specification
- 73Controller and other officers
- 80Exercise of discretionary powers by Controller
- 81Disposal by Controller of applications for extension of time
- 117AAppeals to High Court
- 144Reports of examiners to be confidential
- 14Amendments to specifications
- 19AIndian International Searching Authority
- 19BInternational search report
- 19FIndian International Preliminary Examining Authority
- 19JProcessing of demands for international preliminary examination
- 19KInternational preliminary examination report
- 19MTransmittal of the international preliminary examination report
- 24BExamination of application
- 24CExpedited examination of applications
- 28Procedure in case of anticipation by prior publication
- 28AProcedure in relation to consideration of report of examiner under section 14
- 29Procedure in case of anticipation by prior claiming
- 30Amendment of the complete specification in case of anticipation
- 31Form of reference to another specification
- 32Procedure in case of potential infringement
- 33Form of reference to another patent
- 38Omitted
- 55Opposition to the patent
- 56Constitution of Opposition Board and its proceedings
- 129Exercise of discretionary power by the Controller
- 129AAdjournment of hearing
- 130Application for review of decisions or setting aside of orders of the Controller
- 137Powers of Controller generally
- 138Power to extend time specified or condone delay
Facing an FER with a deadline running?
MYCrave Consultancy & Services handles this work every day — 22,000+ IP applications filed for 11,000+ clients across India.