First Examination explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Paragraphs 09.03.09, 09.04 and 09.05 of the Manual trace what happens after the examiner has finished: the report, the First Examination Report (FER) sent to the applicant, the reply, the hearing, the decision, and the option of post-dating. This article explains that sequence as the Office practises it and what the applicant should do at each step.
The Manual is the Patent Office's guidance and does not have the force of law; the Patents Act, 1970 and the Patents Rules, 2003 as now in force prevail. The Office revises its manuals, so check the current version on ipindia.gov.in.
The examiner reports on the application, the Controller considers the report and sends a First Examination Report, and the applicant must put the application in order within the period allowed, with a single extension on Form 4. A contested objection gets a hearing before any refusal, and a refusal must be a speaking order. The Manual's statement that refusals are appealable to the Appellate Board is overtaken: appeals now go to the High Court.
The examiner's report (09.03.09)
The Manual lists what the examiner reports on: whether the application and specification meet the Act and Rules, whether there is any lawful ground of objection to grant, the result of the search for anticipation under section 13, and any other prescribed matter. To do so the examiner searches prior art for novelty, tests inventive step and industrial applicability, and checks the section 3 and 4 exclusions. The legal basis is section 12 and section 13; the earlier articles on novelty cover the search.
The Controller and the FER (09.04)
The Manual says the Controller ordinarily considers the examiner's report within one month of receiving it, and sends the applicant a gist of objections as the FER. If there is no objection and no pre-grant opposition is pending, the patent is granted at the earliest. The FER is sent to the applicant even when a third party filed the request for examination; that person is told only that the FER has issued. The statutory side is in section 14 and rule 24B.
An FER may raise three kinds of objection:
- lack of novelty, inventive step or industrial applicability;
- subject matter that falls within section 3 or 4;
- failure to meet any other requirement of the Act and Rules.
If you want the reply to be organised point by point against these heads, our patent objection reply service can prepare it with the claim amendments and arguments together.
The reply period and the extension
The Manual says an applicant who does not respond within six months from the date of issue of the FER, or within an extension of three months, is deemed to have abandoned the application under section 21(1). The six months can be extended only once, by a maximum of three months, on a request in Form 4 within the six months, with fee. This agrees with rule 24B(5) and (6) as now in force. Nothing in the 2024 amendment changes that part, but the extension fee must be taken from the First Schedule as substituted in 2024, not from any older table; see section 21.
After the reply
When the applicant re-files within time, the Manual says the examiner examines the application afresh and reports to the Controller; if the requirements are met, the patent is granted. If the response does not satisfy the requirements, or the applicant contests an objection, the Controller offers a hearing and decides on merits. The Manual adds these practice points:
- A hearing may be held by video-conferencing or other audio-visual means and is treated as held at the appropriate office.
- Written submissions and documents are filed within fifteen days of the hearing, which agrees with the rule 28 article; that article also gives the notice and request periods for a hearing.
- After hearing, the Controller may specify or permit amendments and grant.
- If the requirements are still not met, the application is refused under section 15, by a speaking order, and no refusal is made without an opportunity of being heard under section 14.
The fuller route is explained in our guide on responding to the first examination report and in section 15.
Appeal after refusal: an overtaken line
Paragraph 09.04(13) says a section 15 refusal is appealable before the Intellectual Property Appellate Board. The Board was abolished by the Tribunals Reforms Act, 2021, and appeals now lie to the High Court; the Act and Rules as now in force prevail. See sections 117A to 117E and the appeal routes after the IPAB.
Post-dating (09.05)
Post-dating moves the filing date forward. The Manual explains it as follows, in TaxClue's words:
- On the applicant's request before grant, with the prescribed fee, the application may be post-dated by up to six months from the date of filing (section 17(1)). If asked before examination, examination proceeds from the new date; if asked after the FER, the application is examined afresh from the new date.
- If the Controller requires amendments under section 15, he may direct that the application be treated as made on the date the requirements are met; the application is then republished and examined afresh (section 17(2)).
- The six months are counted from the date of application as determined by the section 9 route used: the provisional filing date, the original date where a complete specification was converted to provisional, or the date of the complete specification where the applicant cancels the provisional and asks to post-date (section 9(3) and (4)).
- If post-dating is allowed after publication, the fact is published in the Official Journal with the new filing date.
Post-dating also moves the priority and prior-art cut-off, so check it against the priority-date article before asking.
Checklist for the applicant
| Step | What the Office does | What you do |
|---|---|---|
| FER issued | Gist of objections sent | Note the date; plan the reply and any Form 4 request inside the first six months |
| Reply | Re-examination by the examiner | File amendments and arguments together, with the Form 13 particulars if claims change |
| Hearing | Notice and hearing, possibly by video | Ask for it in time; file written submissions within fifteen days |
| Decision | Grant, or refusal by speaking order | If refused, take the appeal route to the High Court |
A worked example
Orion Textile Labs receives an FER objecting to novelty and to section 3(d). It files Form 4 in month five, gets three more months, and files an amended claim set with its reply. The Controller is not satisfied on one claim and gives a hearing by video. Orion files written submissions on the fourteenth day. The Controller allows the amended claims, refuses the unamended claim by a reasoned order, and grants the patent on the allowed set.
Common lapses
- Treating the extension as automatic; it needs Form 4 inside the original six months.
- Ignoring the hearing request window and the fifteen-day submissions period.
- Changing the claims at hearing without a clean amended set on file.
- Relying on the Manual's reference to the Appellate Board when planning an appeal.
Need help with the reply?
An FER reply is strongest when the objections, amendments and the hearing strategy are planned together. If you would like help preparing the response and appearing for the hearing, see our patent hearing support or write to us through the patent objection reply page.
Key takeaways
- The Controller sends the FER after the examiner's report; objections cover novelty, inventive step, industrial applicability, sections 3 and 4 and compliance.
- Six months to reply, extendable once by three months on Form 4 within the first six months.
- A hearing precedes any refusal, and refusal is by a speaking order.
- Appeals now lie to the High Court, not the abolished Appellate Board.
- Post-dating is possible for up to six months and triggers fresh examination.
Read next
- Section 8 and Form 3 in the Manual
- Chapter 9: pre-grant opposition and the Controller
- How to file Form 13 in response to an FER
- Rule 24B: request for examination and first statement of objections
Disclaimer: Based on the manuals and guidelines published by the Office of the Controller General of Patents, Designs and Trade Marks that are named in the article, as consulted on 4 October 2026. They are guidance and do not have the force of law; the Patents Act, 1970 and the Patents Rules, 2003 as amended (including the 2024 amendment rules) prevail, and the current versions on ipindia.gov.in should be checked. This article is general information, not legal advice; check the official text before acting.