Process of the First Examination Report & How It Affects Your Case
Introduction In India, for a patent application to be evaluated, a Request for Examination (RFE) must be filed. The patent examiner evaluates the patent application and prepares the FirstExamination Repor t (FER) only after the RFE. The RFE must be submitted within 48 months of the date of priority or filing, whichever is earlier by either the patent applicant of the patent application or by any other interested person. Procedure The patent examiner conducts a prior art search in the Indian Patent Database and all accessible databases, including patent and non-patent literature, while completing the examination of the patent application. The examiner conducts the search based on the date the entire specification was filed. The Indian Patent Act of 1970 requires that a request for patent examination be filed within the time frame specified and the Indian Patent Office will classify the patent application as withdrawn if the patent examination request is not filed within the pr