Filing Response to Examination Report
The Response to First Examination Report (FER) is a vital step in the Indian patent prosecution. After a patent application is examined, the Indian Patent Office issues the FER, which outlines objections or requirements that must be addressed before the patent can be granted.
- Purpose of FER: The First Examination Report (FER) highlights issues related to novelty, inventive step, industrial applicability, or procedural compliance under the Indian Patents Act, 1970.
- Timeline for Response: The applicant must submit a response to the FER within 6 months from the date of issuance. This period is extendable by 3 months upon request.
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Contents of the Response: Some of the content of the response may comprise -
- Technical arguments to counter prior art objections.
- Claim amendments, if necessary, to overcome objections.
- Clarifications on procedural issues.
- Formal documents (if required) etc.
- Importance of Accuracy: A well-drafted response improves the chances of patent grant without the need for hearings or further objections.
- Consequences of Non-Compliance: Failure to respond within the stipulated time leads to the deemed abandonment of the patent application.
- Next Steps: If the Controller is satisfied with the response, the application proceeds to grant. Otherwise, further examination or a hearing may be scheduled.
Timely and strategic response to the First Examination Report (FER) is essential for securing a patent and protecting your innovation.