Section 14 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 14 protects the applicant's right to know what is wrong with an application and to be heard before it is decided. When the examiner's report is adverse or requires amendment, the Controller must communicate the gist of the objections as expeditiously as possible, and must give the applicant a hearing if the applicant asks for one within the prescribed period. The section is one sentence long, but every word in it matters when you are preparing a patent objection reply.
If the examiner's report is adverse to the applicant or requires any amendment to ensure compliance with the Act or Rules, the Controller, before disposing of the application, must communicate the gist of the objections to the applicant as expeditiously as possible, and, if the applicant so requires within the prescribed period, give him an opportunity of being heard.
The text
"Where, in respect of an application for a patent, the report of the examiner received by the Controller is adverse to the applicant or requires any amendment of the application, the specification or other documents to ensure compliance with the provisions of this Act or of the rules made thereunder, the Controller, before proceeding to dispose of the application in accordance with the provisions hereinafter appearing, shall communicate as expeditiously as possible the gist of the objections to the applicant and shall, if so required by the applicant within the prescribed period, give him an opportunity of being heard."
Sections 14 and 15 were substituted together by the 2005 Amendment Act, with effect from 1-1-2005. The older sections are not described here.
When section 14 is triggered
Two situations are named:
- The examiner's report is "adverse to the applicant"; or
- The report "requires any amendment of the application, the specification or other documents to ensure compliance with the provisions of this Act or of the rules".
If the report is clean, section 14 is not engaged. The report itself is the product of section 12; see our article on section 12 and on the section 13 search, which feeds it.
What the Controller must do
| Duty | Text | Notes |
|---|---|---|
| Communicate | "shall communicate ... the gist of the objections to the applicant" | The duty is mandatory ("shall") |
| Speed | "as expeditiously as possible" | No number of days is given |
| Timing | "before proceeding to dispose of the application" | Communication precedes any refusal or other disposal |
| Hearing | "shall, if so required by the applicant within the prescribed period, give him an opportunity of being heard" | The hearing depends on the applicant asking |
Three points are worth noting.
"The gist of the objections". The Controller communicates the gist, not necessarily the full text of the examiner's report. The Act does not say in what form, nor whether a copy of the report accompanies the communication. The text is silent. The practice of sending a report is described in our post on responding to the first examination report, but that is practice and not a requirement spelled out in section 14.
The hearing is conditional. The Controller gives a hearing only "if so required by the applicant within the prescribed period". So the applicant has to ask, and ask in time. The period is "as prescribed" under the Patents Rules, 2003, which we do not have; no figure is given. An applicant who misses the window cannot assume a hearing will be offered.
Disposal comes after. The words "before proceeding to dispose of the application in accordance with the provisions hereinafter appearing" point to what follows: section 15 (refusal or amendment), the powers in sections 16 to 20, and the time limit in section 21 for putting the application in order. Section 14 puts the communication and the opportunity of a hearing ahead of those steps.
What the applicant is expected to do
Section 14 does not itself say what the applicant must file in reply. The obligation to comply comes from section 21, which deems an application abandoned unless, within the prescribed period, the applicant has complied with all requirements from the date the first statement of objections is forwarded. We cover that in our article on section 21, and the powers of refusal in our article on section 15.
Practical steps in outline:
- Read the communicated objections carefully. They are the "gist" the Controller has chosen to communicate.
- Decide whether to ask for a hearing. If you want one, request it within the prescribed period.
- Prepare the reply and any amendments. Amendments must fit within the Act's rules on amendment, which are covered in later articles (sections 57 to 59).
- Watch the section 21 period. It runs from the forwarding of the first statement of objections.
For common grounds and how applicants respond, see our post on common patent application rejections and how to overcome them.
Example. Orchid Packaging Pvt Ltd (fictional) receives, after examination, a communication from the Controller summarising two objections: one that the claims do not relate to a single inventive concept, and one that a cited document anticipates claim 1. The company wants to argue the point before the Controller. Under section 14 it must "require" a hearing within the prescribed period. It does so, and meanwhile prepares amended claims. If it had said nothing, the Controller would not be obliged on the text of section 14 to give a hearing.
What section 14 does not say
- It does not set the period for asking for a hearing or for replying.
- It does not say who conducts the hearing or what rules govern it; other sections on the Controller's powers deal with hearing procedure, and we cover them later.
- It does not say that the Controller must send the examiner's full report.
- It does not give a right to a second hearing.
- It does not say what happens if the Controller fails to communicate the objections; the text states the duty only.
Need help with ...?
The gist of the objections and the short window to ask for a hearing set the pace for the rest of the case. Our team can help read the objections, decide on a hearing request and draft the response under patent objection reply support.
Key takeaways
- Section 14 is triggered by an adverse examiner's report or one that requires amendment.
- The Controller must communicate the gist of the objections as expeditiously as possible, before disposing of the application.
- A hearing is given if the applicant requires it within the prescribed period.
- The period and the form of communication are not stated in the section.
- The applicant's duty to comply within time comes from section 21.
Read next
- Section 15: Controller's power to refuse or require amendment
- Section 21: time for putting application in order
- Section 12: examination of application
- 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.