Intellectual Property / Patent / Reporting Examination Reports from the Patent Office to Client and filing responses to each reports

Reporting Examination Reports from the Patent Office to Client and filing responses to each report

A patent is an exclusive right granted to an inventor for an invention that protects the inventor against any unauthorized use of such a patent, the patent is mostly granted for a period of 20 years and the patent holder can take legal action against any unauthorized use of such patent. The patent holder has the right to grant an exclusive or non-exclusive license to use the patent to anyone for a specific period, the patent holder shall receive consideration for the license. The licensee’s rights to use the patent shall be limited and the licensee shall pay a royalty to the patent holder out of the profit made by use of such patent.

Therefore, we can say a patent is basically the granting of protection to an invention, which is a means of doing something new or providing a new technical solution to a problem. However, there are some inventions that might not get patents such as discoveries, mathematical methods, commercial methods, plants and animal varieties, scientific theories, etc. Also, methods, surgeries, and treatments that are done on humans and animals do not get patented in some nations.

In India, it is mandatory to respond to the Patent Examination report (FER) within 6 months of its issue date. This timeline is extendable to 3 months on request, failing which the application may be abandoned.

It is always recommended to file the response to the First Examination Report (FER) as soon as possible so that the response can be reviewed by the Patent Office and another examination report if required may be issued.

If the FER is responded to accurately with respect to all the objections mentioned therein, the Patent Grant is possible without hearing. The patent would only be granted after the filing of the Examination Response; the Patent Office is satisfied that the Patent Application satisfies all the requirements of the Indian Patent Act, 1970.

Process:

  • The majority of patent applicants will receive some type of objections to the patent application which are mentioned in the examination report.
  • The technical arguments in the response should completely be based on the differences between the claims of the application and the cited prior arts and should aim at proving the inventive step, novelty, and nonobviousness of the application over the cited prior arts.
  • This is a chance for a creator to communicate his novelty and non-obviousness of the invention based on the kind of objections received.
  • The Applicant is supposed to answer the objection raised within 12 months from the date on which the first examination report.
  • The inventor and patent agent create and send a response to the objections that try to prove to the controller that his invention is indeed patentable and satisfies all patentability criteria with Bonafide intentions.

When can objections be raised?

  1. Lack of Novelty, Inventive Step, and Industrial Applicability.
  2. Subject matter of the Application relating to a category that falls within the purview of Sections 3 and 4 of the Indian Patents Act, 1970.
  3. Non-fulfillment of any other requirements under the Act and Rules.

Service Inclusions

Professional Fees

Service Exclusions

GST, Government Fee, and other Additional Taxes

Process followed by White Code Legal:

  1. The Client has to register themselves on our website.
  2. Once the Client is registered, we raise a Service Request.
  3. The Client receives a proforma invoice with an option to confirm and pay now or pay later
  4. Once the Client confirms, our dedicated relationship manager liaisons with our experts and clients share a list of client information required to deliver the service.
  5. Once we receive the information, we take the required steps to deliver the service and the service request is closed.

Why White Code Legal?

At White Code Legal we prioritize and always strive to deliver excellence.Keeping the focus on maintaining affordable prices and delivering 100% client satisfaction we aim to make worth of every penny our clients spend with us,and build a lasting relationship with them.