Filing Request for Examination (RFE)
The Request for Examination (RFE) is a crucial step in the Indian patent prosecution. Without Request for Examination (RFE) request, a patent application will not proceed to examination.
- Mandatory Requirement : A patent application will not be examined unless the applicant or an interested party submits a formal request for examination.
- Prescribed Period: The request must be submitted within 31 months from the earliest of either the filing date or the priority date. Failure to do so results in the application being treated as withdrawn.
- Applications Filed Before March 15, 2024 : The request must be submitted within 48 months from the earliest of either the filing date or the priority date.
- Divisional applications : The request must be submitted within the prescribed period or within six months from the date of filing of the further application, which expires later. Provided that, if the parent application has already been referred for the examination, the further application must be accompanied by the request of examination.
- Voluntary Withdrawal : Applicants may withdraw their application at any point before the patent is granted by submitting a formal request.
- Secrecy Directions : If a secrecy direction is in effect, the RFE can be filed within the prescribed period or within 6 months from the date the direction is revoked, whichever is later.
What happens after RFE is filed?
- The Controller assigns the application to a Patent Examiner.
- The examiner conducts a detailed review to assess patentability, including novelty, inventive step, and industrial applicability.
- A First Examination Report (FER) is issued, highlighting any objections or prior art references.
- The applicant must respond to the FER within the stipulated time of six months (extendable to three months), addressing all objections.
- If the examiner is convinced with the response, the application proceeds to grant the patent. Otherwise, further communication(s) / direction(s) or hearing(s) may follow.
Thus, filing a Request for Examination (RFE) is not just a procedural formality, it is the gateway to having your invention assessed and potentially granted patent protection.