Filing of Hearing Written Submission
The filing of written submissions pursuant to hearing is a crucial step in the Indian patent prosecution process.
- Purpose of Written Submission: After the hearing, the applicant must submitwritten submissions of the arguments presented. This ensures that the Controller has a clear, documented record of the applicant’s arguments.
- Timeline for Submission: The written submission must be filed within 15 days from the date of the hearing. Timely filing is essential to avoid adverse decisions.
-
Content of the Submission: Some of the content of the submission can be as follows:
- A concise summary of oral arguments made during the hearing.
- Clarifications or elaborations on technical or legal points.
- Any supporting documents / formal documents, such as amended claims / annexures.
- References to relevant sections of the Patents Act, 1970 and prior case law, if applicable.
- Mode of Filing: Submissions can be filed electronically through the Indian Patent Office (IPO) portal or physically (for applicant only) at the appropriate patent office.
- Legal Significance: The written submission helps reinforce the applicant’s case and may contribute to the Controller’s final decision on grant or refusal of the patent.
-
Best Practices: Some of the best practises comprise -
- Ensure clarity and precision in language.
- Align arguments with statutory provisions.
- Avoid introducing new matter not discussed during the hearing.
Timely and well-drafted hearing written submission can significantly strengthen a patent application and improve the chances of grant.