Patent Office Action Response

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Reading Time: 2 minutes| (Last Updated On: February 12, 2019)

Patent Office Action Response

Patent Office Action Response – After the patent application has been filed, the examiners of the patent office examine the Patent application. For this, a request for examination has to be filed with the Indian patent office. The timeline of filing request for examination is within forty-eight months from the date of the priority or filing date of the application, whichever is earlier. Without filing of the request for examination, the patent office does not commence the examination of the patent application. Separate government fee has to be paid for filing request for examination.

Patent Office Action Response

An examination report is issued by the Indian patent office. The examination report is also called as first examination report (FER). The examination report contains a list of objections raised by an examiner of the Indian patent office. The objections are both technical and formal. The applicant has to file a response to the examination report within twelve months of issuance of the first examination report. Failure of responding to the objections within the prescribed time leads to the abandonment of the application. If needed, the examiner of the Indian Patent office often calls an applicant or his authorized agent for the hearing of the case. Once the examiner is satisfied with the response filed and all formalities have been compiled by an applicant, the application is put in order of grant. If the examiner is not satisfied with the response filed and want to meet an applicant or his authorized agent (if an agent is appointed) to clarify certain issues, he may call an applicant/ agent for a hearing.

An examination report is issued by the Indian patent office. The examination report is also called as first examination report (FER). The examination report contains a list of objections raised by an examiner of the Indian patent office. The objections are both technical and formal. The applicant has to file a response to the examination report within twelve months of issuance of the first examination report. Failure of responding to the objections within the prescribed time leads to the abandonment of the application. If needed, the examiner of the Indian Patent office often calls an applicant or his authorized agent for a hearing of the case. Once the examiner is satisfied with the response filed and all formalities have been compiled by an applicant, the application is put in order of grant. If the examiner is not satisfied with the response filed and want to meet an applicant or his authorized agent (if an agent is appointed) to clarify certain issues, he may call an applicant/ agent for a hearing.

Our in-house Patent Agents can prepare an office action response and can also appear before an examiner for hearing.

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