Issuance of Examination Report
Examination report and examination of patent
The examination of patent is a critical phase in the Patent prosecution. It ensures that only inventions meeting legal and technical standards are granted patent protection.
- Initiation of Examination : Once a Request for Examination (RFE) is filed, the Controller refers the application, specification, and related documents to a Patent Examiner.
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Scope of Examination: The examiner evaluates:
- Whether the application complies with the requirements of the Patents Act and associated rules.
- If there are any legal grounds for objection to the grant of the patent.
- The outcome of investigations, which includes prior art searches.
- Any other prescribed matters relevant to the application.
- Timeline for Report : The examiner is expected to submit a report to the Controller within a period not exceeding three months, ensuring timely processing of the application.
- Issuance of Examination Report : Based on the examiner’s findings, the First Examination Report (FER) is issued. This report outlines any objections or deficiencies in the application.
- Response by Applicant : The applicant must respond to the FER within the stipulated time of six months (extendable to three months), addressing all concerns. Failure to do so may lead to the application being deemed withdrawn.
- Further Action : If objections are resolved satisfactorily, the application proceeds toward grant of patent. Otherwise, further examination or hearings may follow.
The examination of a patent ensures that only novel and inventive ideas receive legal protection, maintaining the integrity of the patent system.