What all types of Formal Objections can be countered in a First Examination report (FER)?

This post is in continuance of my previous post illustrating what’s inside a FER which is issued by the Indian Patent Office (IPO). In this post, I have listed all possible formal objections that may be made by the Controller in a FER. This list has been compiled after a persual of 30 FER’s.

List of Formal Objections

Click here to access the file

All these formal objections must be kept in mind while drafting your complete specification. I believe that the patent grant procedure could also be expedited by keeping a check of all such formal objections at the time of filing of the patent application.

Some of these formal objections are so basic that one might come to a conclusion that the patent agent is not competent in prosecuting an application. However, this is not the case. Generally, it is the case that some documents are not received from the client on time. Sometimes, it is advisable to amend the patent application after the objections are raised, for this could save the client some money from filing self-amendments while entering Indian national phase (PCT). Also, in case the client chooses to abandon the patent application in the interim, all the attorney’s time would go in vain. For these reasons, and reasons best known to patent attorney’s only, these formal objections are not generally

Note: Although I have tried to make this list as exhaustive as possible, however, the Controller may raise any additional objection as well.

Image from here.

Siddhant Sharma

Siddhant is currently enrolled in a six year law programme at one of India's premier private law schools, due to graduate in April, 2018. His journey as a techno-legal student started in year 2012 as a matter of fate than choice, but since then legal studies have embarked and impressed upon him the desire to pursue advocacy, in particular corporate and commercial litigation. Apart from academics, he has always been interested in, and still continue to be inclined towards, niche practice areas and entrepreneurial endeavours. He finds joy in writing about Patents.

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