Patent Grant / Rejection
The grant of patent or rejection of patent is the decision made by the Controller after completion of the last stage of patent prosecution (i.e., after the examination of patent, hearing with the Controller and filing of the patent written submission. This step determines whether the applicant secures exclusive rights over their invention under the Indian Patents Act, 1970.
- Occurs after Hearing: If objections raised in the First Examination Report (FER) are not fully resolved, a hearing with the Controller is scheduled. The applicant presents arguments and may submit amended claims.
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Evaluation criteria: The Controller assesses:
- Compliance with patentability requirements (novelty, inventive step, industrial applicability).
- Adherence to procedural rules under the Patents Act and Rules.
- Responses and documents submitted during and after the hearing.
- Patent Grant: If the Controller is satisfied that all objections are addressed and the invention meets legal standards, the patent is granted. The applicant receives a certificate of patent, and the grant is published in the Patent Journal.
- Patent Rejection: If the Controller finds that the application fails to meet statutory requirements, the patent is refused. The decision is communicated with reasons for rejection.
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Post-Rejection Options: The applicant may:
- File an appeal before the High Court
- Request a review of the decision by the Controller (who issued the order) at the Indian Patent Office (IPO).
The grant of patent or rejection of a patent marks the culmination of the patent journey, determining whether the invention earns legal protection.