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What is Patent Examination? | IP Conversations

The patent process can be pretty complicated, and one the most important part of that process is the patent examination stage? But what actually happens in this stage?

Read this IP Conversation to find out!

Hey IP Geek. 

I’ve heard a lot of inventor friends of mine talk about how the patent examination stage is very important.

Can you tell me a little more about that?

The patent examination stage is where all your hard work in drafting the application is put to test. What happens here is- your patent application is examined by the Indian Patent Office. 

The actual person doing the examination will be someone who has a certain degree of skill in the technical field. This examiner will now check your application to see if it’s novel, has an inventive step, and falls within the allowed subject matter.

The examiner also checks if you have only one main invention, and if you’ve fulfilled all the formal requirements. 

If the examiner finds anything they think should be addressed, they issue the First Examination report, and if you reply to the FER in a satisfactory manner your invention may still be accepted.

Patent Agents (who respond to the FERs) also ask for the opportunity to be heard by the Patent Office if their application isn’t accepted even after the response is filed.  

By law, the patent office cannot deny you a hearing if you request for it and have complied with all other deadlines and requirements.

I can see now why the Patent Examination stage is an important part of the whole patenting process. 

Thank you so much for explaining, IP Geek!


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