Hearing with the Controller
Hearing with the Controller is a formal opportunity for a patent applicant to address objections raised in the Hearing notice (subsequent to first examination report (FER)). This step plays a crucial role in determining the fate of a patent application.
- When is a Patent Hearing Scheduled? A patent hearing is typically scheduled when the applicant’s response to the First Examination Report (FER) does not fully satisfy the objections raised by the Controller.
- Legal Basis:The procedure empower the Controller of Patents to grant or refuse a patent after considering the applicant’s oral and written submissions.
- Notice of Hearing: The applicant receives a formal notice specifying the date, time, and mode (physical or virtual) of the hearing. A minimum of 10 day’s notice is generally provided.
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Purpose of the Hearing:
- To clarify unresolved objections related to novelty, inventive step, or industrial applicability.
- To allow the applicant to present technical arguments, amend claims, or submit supporting documents such as formal documents etc.
- Post-Hearing Requirements: The applicant must submit written submissions and other relevant documents within 15 days from the date of hearing.
- Outcome: Based on the hearing and written submissions, the Controller may grant the patent, suggest further amendments, or refuse the application.
A hearing with the Controller is a decisive moment in the patent journey, offering applicants a final chance to secure protection for their invention.