Understanding Patent Examination in India: What Actually Happens Behind the Scenes

When you file a patent application in India, the process doesn’t stop with paperwork and fees. What really determines whether your invention is granted protection lies in the examination. This is where patent examiners—highly trained technical and legal experts—scrutinize your application to decide if your invention deserves a patent.

Let’s take a closer look at what actually happens behind the scenes during the patent examination process in India.

Step 1: The Request for Examination (RFE)

Unlike in some countries where examination begins automatically, in India you need to actively request examination (Form 18) within 48 months from the date of filing (or priority date). Without this step, your application won’t move forward.

Once you file the RFE, the application is placed in the queue based on the filing date of the request, not the patent itself.

Step 2: Allocation to a Patent Examiner

The Controller General of Patents assigns your application to an examiner with expertise in your technical field—be it biotechnology, electronics, mechanical engineering, or software.

The examiner is responsible for conducting a search and analysis to check:

• Novelty: Is your invention truly new compared to prior art (existing knowledge worldwide)?

• Inventive Step: Does it involve more than an obvious improvement?

• Industrial Applicability: Can it be used or made in an industry?

• Patentability Exceptions: Does it fall into excluded categories (like abstract theories, business methods, or certain types of software)?

Step 3: The First Examination Report (FER)

Based on their analysis, the examiner issues the First Examination Report (FER). This document usually lists objections or clarifications required. Common objections include:

• Lack of clarity in claims

• Overly broad or vague claims

• Prior art references that anticipate or make the invention obvious

• Inconsistencies between the description and claims

At this stage, don’t panic if you receive objections—this is completely normal. In fact, most patent applications worldwide face objections before being granted.

Step 4: Response and Amendments

You (or your patent agent/attorney) have 6 months from the FER to respond, extendable by 3 months. This involves:

• Amending claims to narrow or clarify them

• Providing technical arguments to distinguish your invention from prior art

• Submitting legal reasoning to show patentability

This back-and-forth can sometimes involve hearings with the Controller to clarify issues.

Step 5: Grant or Refusal

If the examiner is satisfied, the patent is granted, published in the Patent Journal, and a certificate is issued. If not, and objections remain unresolved, the application may be refused.

Why This Matters for Inventors and Businesses

Understanding what happens behind the scenes helps you prepare better patent applications. High-quality drafting reduces objections, saves time, and increases chances of grant. Working with an experienced patent professional ensures your application is technically and legally robust before it even reaches an examiner’s desk.