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 a Patent and Intellectual Property lawyer. He finds joy in exploring and writing about niche areas of law. He is finding better ways to describe the patent profession to a five-year old and a sixty-five year old.

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