Section 12 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.
Section 12 is the point at which a patent application is actually examined. Once a request for examination has been made, the Controller refers the application and its documents to an examiner, who reports on four matters: whether the application meets the Act and Rules, whether there is any lawful ground of objection to grant, the result of the search under section 13, and anything else that may be prescribed. The examiner's report drives everything that follows, so understanding what it covers helps you prepare for a patent examination request before you make one.
After a request for examination under section 11B(1) or (3), the Controller refers the application, specification and other documents at the earliest to an examiner (12(1)). The examiner reports on (a) compliance with the Act and Rules, (b) any lawful ground of objection to grant, (c) the result of the section 13 investigations, and (d) any other prescribed matter. The examiner ordinarily reports within the prescribed period (12(2)).
Section 12(1): reference to the examiner
"When a request for examination has been made in respect of an application for a patent in the prescribed manner under sub-section (1) or sub-section (3) of section 11B, the application and specification and other documents related thereto shall be referred at the earliest by the Controller to an examiner for making a report to him in respect of the following matters, namely:—"
Break it down:
- Trigger: a request made "in the prescribed manner" under section 11B(1) or 11B(3). Without that request there is no reference (see section 11B).
- Who refers: the Controller. The word "shall" removes his discretion.
- How quickly: "at the earliest". The Act gives no number of days.
- What goes: "the application and specification and other documents related thereto". The phrase "specification and other documents relating thereto" was substituted by the 2002 Amendment Act (with effect from 20-5-2003), and the words about the request and the reference by the Controller were substituted by the 2005 Amendment Act (with effect from 1-1-2005).
- Who reports: the examiner, to the Controller.
The four matters in the report
| Clause | The examiner reports on | Text |
|---|---|---|
| (a) | Compliance | "whether the application and the specification and other documents relating thereto are in accordance with the requirements of this Act and of any rules made thereunder" |
| (b) | Objection to grant | "whether there is any lawful ground of objection to the grant of the patent under this Act in pursuance of the application" |
| (c) | Search | "the result of investigations made under section 13" |
| (d) | Other matters | "any other matter which may be prescribed" |
Clause (a) is about form and procedure: is the application complete and compliant with the Act (for example, the contents of the specification under section 10, discussed in our articles on that section) and the Rules?
Clause (b) is about substance: is there any "lawful ground of objection to the grant of the patent under this Act"? The clause does not list the grounds. They are spread across the Act: the definition of invention in section 2(1)(j), the exclusions in sections 3 and 4, and the grounds in section 25 and section 64 are examples a reader can look at. Our articles on section 2 and our existing post on what cannot be patented cover some of them. The text of section 12 itself does not enumerate them, so the list there is for orientation only.
Clause (c) ties section 12 to section 13. The examiner's investigations for anticipation by previous publication and prior claim are reported here; see our article on section 13.
Clause (d) is a gateway for the Patents Rules, 2003 to add other matters. The Act does not say what they are, and we name none.
Section 12(2): the time for the report
"The examiner to whom the application and the specification and other documents relating thereto are referred under sub-section (1) shall ordinarily make the report to the Controller within such period as may be prescribed."
Note "ordinarily": the period is a target, not an absolute. The period is "as prescribed". The footnote records that the earlier text said "a period of eighteen months from the date of such reference"; that is old wording, replaced from 1-1-2005. The present text sends the period to the Rules, so we give no figure. This sub-section was one of the provisions that came into force on 1-4-1978 under the original commencement notification (see our article on section 1).
What happens next
Section 12 ends with the examiner's report to the Controller. What the Controller does with an adverse report is the subject of sections 14 and 15: he communicates the gist of objections to the applicant and, if the applicant requires within the prescribed period, gives an opportunity of being heard, and he may refuse the application or require amendment. Section 21 then sets the time within which the applicant must comply with all requirements. Our overview of the examination process, request, FER and hearing places these steps in sequence, and our post on responding to a first examination report covers practice.
The examiner's report is not a decision. Section 13(4) adds that the examination and investigations under sections 12 and 13 "shall not be deemed in any way to warrant the validity of any patent", and that no liability is incurred by the Central Government or any officer by reason of them. So a clean examination report does not mean that a granted patent will survive a later challenge.
Example
Example. Praxis Hydrogen Pvt Ltd (fictional) has filed an application for an electrolyser stack and makes a request for examination in the prescribed manner. The Controller refers the application, specification and documents to an examiner. The examiner checks whether the documents comply with the Act and Rules (clause (a)); considers whether any lawful ground of objection to grant exists, such as the invention being excluded by section 3 or lacking an inventive step (clause (b)); reports on the section 13 search results (clause (c)); and covers any other matter that the Rules prescribe (clause (d)). The report goes to the Controller within the prescribed period, ordinarily. If the report is adverse, section 14 applies.
What section 12 does not say
- It does not give the number of months for the report or the process for choosing an examiner.
- It does not say what the "other prescribed matters" are.
- It does not say whether the applicant receives a copy of the report; section 14 requires the Controller to communicate "the gist of the objections" where the report is adverse or requires amendment.
- It does not say that a report is final, nor that a report in the applicant's favour means the patent will be granted without further steps.
Need help with ...?
Preparing for examination means checking the application against clause (a) and (b) before the examiner does, so that objections can be anticipated. We can help you review the application and manage the stage through patent examination request support.
Key takeaways
- Examination begins only after a request under section 11B(1) or (3).
- The Controller refers the application, specification and documents at the earliest to an examiner.
- The examiner reports on compliance, lawful grounds of objection, the section 13 search and any other prescribed matter.
- The report is ordinarily due within the prescribed period; the Act no longer prints a number of months.
- The examination does not warrant the validity of any patent (section 13(4)).
Read next
- Section 13: search for anticipation
- Section 14: consideration of examiner's report
- Section 11B: request for examination
- Response to the first examination report
Disclaimer: Based on the Patents Act, 1970 as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and time limits under the Patents Rules, 2003 change from time to time and are not covered here. This article is general information, not legal advice; check the official text before acting.