Securing theStrategic Prosecution: Broadest Possible Patent Grant

Filing a patent application is just the beginning. The examination process — where the Patent Office scrutinises your application against prior art and patentability criteria — is where many applicants stumble. Our prosecution team is skilled at navigating objections, defending claims, and achieving grants that protect your invention in commercially meaningful ways.

What is Patent Prosecution?

Patent prosecution refers to the process of interacting with the Indian Patent Office (IPO) after filing, through to grant or refusal. Once you file a complete specification and request examination, the IPO issues a First Examination Report (FER) setting out objections. The applicant must respond to these objections within the prescribed time. If unresolved, a hearing may be held before the Controller of Patents. We manage this entire process on your behalf. 

Our Prosecution Services

Request for Examination

Examination does not begin automatically in India — you must file a Request for Examination (RFE) within 48 months of the priority date (or 48 months of the filing date if no priority is claimed). We monitor your application timeline and file the RFE at the strategically optimal time.

Response to First Examination Report (FER)

The FER typically raises objections on novelty, inventive step, industrial applicability, and formal matters. Our responses are technically detailed, legally precise, and strategically argued. We do not simply accept the examiner's conclusions — we build persuasive, well-supported arguments backed by claim amendments where necessary.

Amended Claims Strategy

When claim amendments are necessary, we approach them strategically — seeking to maintain the broadest possible protection while overcoming prior art objections. We design fallback positions and ensure that no valuable subject matter is abandoned unnecessarily.

Hearing Representation

Whether exiting from PCT or filing directly, we manage national phase entry in key jurisdictions through our trusted network of foreign associates — including the USA (USPTO), Europe (EPO), Japan (JPO), China (CNIPA), Australia, Canada, South Korea, Brazil, and more.

Divisional Applications 

When a patent application is found to contain more than one invention (lack of unity), or where the applicant strategically wishes to pursue broader or alternative claim sets, we file divisional applications to protect each inventive aspect. 

Prosecution Statistics 

  • Average FER response preparation time: 3 to 4 weeks from FER receipt 
  • First-hearing grant rate: High, owing to thorough FER responses 
  • Applications where grant was achieved without amendment: Significant percentage 

Expedited Examination 

India introduced an Expedited Examination process under which eligible applicants can request fast-track examination. Eligible categories include startups, small entities, women inventors, government undertakings, and applicants who have filed a corresponding application under the Patent Prosecution Highway (PPH) programme. Expedited examination can significantly reduce the time to grant. We assess eligibility for all new applications and recommend expedited examination where appropriate. 

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