Patent FAQs

What happens after examination? What is a first examination report?

Once examined, the Patent Office issues a First Examination Report setting out its objections and requirements. These commonly go to novelty, inventive step, subject matter excluded under Section 3, sufficiency of description, clarity of claims, and formal or procedural matters including information required under Section 8.

The applicant must put the application in order for grant within six months from the date on which the First Examination Report is issued. The application or the complete specification may be amended in order to meet the objections, within the limits that Sections 57 to 59 permit.

That six-month period may be extended by a further three months on a request in Form 4 under Rule 24B(6), together with the prescribed fee. The request must be made before the initial six-month period expires. Where that has been missed, a request under Rule 138 may be available for a further period, at the Controller's discretion and on payment of a considerably higher fee.

If the requirements are not met within the period allowed, the application is treated as abandoned. Where they are met, the patent is granted and the grant is published in the Patent Office Journal.

General information on Indian law, not legal advice. For advice on your situation, contact the firm.

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