Patent Hearing Support —
Expert Representation
Before the Controller
When the examiner is not satisfied with the written response to the FER, the Controller schedules a hearing — an oral proceeding at the Indian Patent Office. The hearing is the final opportunity to argue your case before a decision to grant or refuse is made. TaxClue's registered patent agents prepare rigorous oral arguments and represent you at every hearing, at every IPO branch office.
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Arguments prepared & presented by ✅ Registered Patent Agents
6 Types of Patent Hearing — TaxClue Represents at All
Hearings before the Controller of Patents arise at multiple stages of prosecution and post-grant proceedings. Each requires a distinct preparation strategy and oral argument approach.
Post-FER Hearing
Examiner maintained one or more objections after the written FER response
Section 3 Objection Hearing
Non-patentability objection under Sections 3 or 4 — the most legally complex hearings
Pre-Grant Opposition Hearing
Third party has filed opposition before grant — Section 25(1)
Post-Grant Opposition Hearing
Opponent challenges a granted patent — Section 25(2)
Show-Cause Hearing
Application at risk of abandonment — Controller requires explanation
Review / Recall Hearing
Review or recall of an earlier order of the Controller
What Happens at a Patent Hearing Before the Controller
A patent hearing is a formal oral proceeding conducted at the relevant IPO branch office — or increasingly by video conference. It is not a full court trial, but it is a formal adversarial or quasi-adversarial proceeding where technical and legal arguments are made directly to a senior IPO officer.
The Controller hears both the applicant's representative and, in opposition matters, the opponent's representative. Written submissions submitted before the hearing form the basis of oral arguments — TaxClue always provides both.
Hearing Room — Who Is Present & What They Do
How TaxClue Prepares for Your Hearing
Hearing preparation is methodical and comprehensive. The hearing is TaxClue's last opportunity to change the Controller's mind — preparation begins the moment the hearing notice is received.
Full Case File Review
Entire prosecution history reviewed — original specification, all FER objections, every response filed, all cited prior art. The Controller may refer to any part of the file at the hearing.
Argument Map Construction
A structured argument map prepared for each maintained objection — primary argument, fallback argument, proposed claim amendment if primary argument fails. No improvisation at the hearing.
Case Law & Guideline Research
Relevant IPAB decisions, High Court judgments, Controller decisions, and IPO examination guidelines identified and cited. Controllers respond well to prior decisions — authority matters.
Pre-Hearing Written Submissions
A formal written submission filed before the hearing date — presenting all arguments in structured written form. Controllers appreciate written submissions as they can study them before the oral arguments begin.
Amendment Reserve
If arguments alone may not succeed, a set of fallback claim amendments prepared in advance — ready to be proposed at the hearing to overcome specific objections while preserving maximum scope.
Video Conference Arrangements
Most IPO hearings now available via video conference. TaxClue handles the VC scheduling, technical setup, and ensures all documents are submitted in advance so the hearing proceeds smoothly.
All 4 Indian Patent Office Branch Offices — Plus Video Conference
The IPO has four branch offices, each with geographic jurisdiction. TaxClue attends hearings at all four offices — and via video conference for remote clients.
Delhi (Head Office)
Boudhik Sampada Bhawan, Dwarka. Head office of the Indian Patent Office. Jurisdiction: Delhi, Rajasthan, Uttar Pradesh, MP, J&K and more.
Head OfficeMumbai
Boudhik Sampada Bhawan, Antop Hill. Jurisdiction: Maharashtra, Gujarat, Goa, MP (partly), Chhattisgarh, Rajasthan (partly).
Western RegionChennai
Intellectual Property Office, CPT Campus, Guindy. Jurisdiction: Tamil Nadu, Kerala, Karnataka, Andhra, Telangana, Puducherry.
Southern RegionKolkata
Intellectual Property Building, CP-2, Sector V, Salt Lake. Jurisdiction: West Bengal, Odisha, Bihar, Jharkhand, NE states, Sikkim, Andaman.
Eastern Region📹 Video Conference Hearings Now Available at All BranchesThe IPO now conducts most hearings via video conference by default. TaxClue handles VC setup, advance document submission, and represents you remotely — no physical travel required for applicant or agent unless specifically required by the Controller.
From Hearing Notice to Outcome — 5 Steps
Hearing Notice Received
IPO issues a hearing notice with date, time, venue, and the specific objections to be argued. TaxClue reviews the notice and confirms attendance within 24 hours.
Day 1Full Case Preparation
Complete prosecution file reviewed. Prior art re-analysed. Argument map built for each objection. Fallback claim amendments prepared. Case law identified and cited.
Day 1–10Written Submissions Filed
Pre-hearing written submissions filed with the Controller — structured arguments covering all maintained objections. Filed at least 5 days before the hearing date where possible.
Day 10–(H-5)Hearing — Oral Arguments
TaxClue's registered patent agent attends and presents oral arguments. Responds to the Controller's questions. Proposes amendments if needed. Rebuttal arguments in opposition matters.
Hearing DayController's Order
Controller issues the order — typically 1–3 months after hearing. TaxClue reviews the order and advises on next steps: acceptance, further amendment, or appeal to the High Court.
1–3 months after3 Possible Outcomes After a Hearing
After the hearing, the Controller issues a written order. TaxClue advises on next steps regardless of outcome.
Grant — Application Accepted
Controller is satisfied with the arguments and/or amendments proposed. Application proceeds to grant. Patent sealed, certificate issued. 20-year protection from filing date begins. TaxClue handles renewal fee tracking post-grant.
Conditional Acceptance — Further Amendment Required
Controller is substantially satisfied but requires specific claim amendments before grant. TaxClue implements the directed amendments, files on the IPO portal, and the application proceeds to grant without another hearing. Most cases resolve this way.
Refusal — Right to Appeal to High Court
If the Controller refuses the application, the applicant has the right to appeal to the High Court under Section 117A of the Patents Act. TaxClue reviews the refusal order and advises on the strength of the appeal — a reasoned refusal is often successfully challenged in court.
❓ Frequently Asked Questions
A registered patent agent is not strictly required to be present — an applicant can appear in person before the Controller. However, the hearing is a technical and legal proceeding where the quality of the arguments presented directly determines the outcome. Registered patent agents are trained in IPO practice and procedure, know the relevant case law and examination guidelines, and can propose claim amendments in real time in response to the Controller's questions. In practice, applicants who appear without professional representation at complex hearings — especially Section 3 objection hearings or opposition hearings — are at a significant disadvantage. TaxClue strongly recommends professional representation at all hearings.
The IPO typically issues a hearing notice at least 10 days before the scheduled hearing date, though this varies. For complex cases or opposition hearings, more notice is common. TaxClue recommends engaging hearing support immediately on receiving the notice — even 10 days is sufficient for a straightforward post-FER hearing where TaxClue already has the prosecution history. For opposition hearings or Section 3 hearings where substantial evidence needs to be assembled, more time is better. Contact TaxClue the day the notice arrives — the sooner preparation starts, the stronger the arguments at the hearing.
Yes — the Controller has discretion to grant an adjournment of a scheduled hearing on reasonable grounds. Requests must be made promptly and before the hearing date. Common grounds include insufficient time to prepare, principal agent's unavailability, or ongoing negotiations with an opponent in an opposition matter. However, adjournments are not granted automatically — the Controller may decline if the case is already significantly delayed. TaxClue can file an adjournment request if genuinely needed, but in most cases sufficient preparation is achievable within the standard notice period.
A pre-grant opposition (Section 25(1)) is filed by any person after publication of the application but before grant. The applicant must be given an opportunity to respond and be heard before the Controller decides. If the opposition succeeds, the application is refused. A post-grant opposition (Section 25(2)) is filed by an "interested person" within 12 months of grant — it seeks to revoke the patent after it has been granted. Post-grant oppositions are heard by an Opposition Board appointed by the Controller. The stakes in post-grant opposition are higher because the patent is already in force and the opponent is challenging existing rights. TaxClue has experience on both sides — representing applicants defending their applications and patents.
No — a Controller's refusal after a hearing is not final. Under Section 117A of the Patents Act, an appeal lies to the High Court against a Controller's decision. The appeal must be filed within 3 months of the Controller's order. The High Court examines the legal and technical merits of the refusal. Many Controller refusals — particularly for Section 3(k) software patents and Section 3(d) pharma patents — have been successfully challenged in the High Courts. TaxClue reviews every refusal order for appealable errors and advises on the strength of an appeal. In appropriate cases, TaxClue coordinates with patent litigation counsel for the High Court proceedings.
⚠️ Hearing Mistakes That Lose Patents
These errors are commonly made at hearings — and some cannot be corrected after the Controller issues the order:
- Attending a hearing without written pre-hearing submissions — the Controller has nothing to study; oral arguments alone rarely carry technical hearings
- Making concessions at the hearing (admitting prior art is relevant, agreeing to narrow claims unnecessarily) that become binding prosecution history
- Not proposing claim amendments at the hearing when arguments alone are insufficient — missing the last opportunity before refusal
- Attending without having studied all the cited prior art documents — Controller often asks specific questions about cited references
- Missing the appeal deadline (3 months from Controller's order) after a refusal — right to appeal is permanently lost
- Treating the hearing as informal — failing to bring marked-up amended claims, written submissions, and evidence in organised form
- Not requesting a video conference and requiring physical presence at a distant IPO branch — TaxClue always explores VC as the first option
Complete Patent Prosecution with TaxClue
Patent Objection Reply
Draft the FER response that precedes — and can prevent — the hearing.
Learn More →The Hearing Is Your Last Chance Before the Controller Decides
A well-prepared, professionally argued hearing can overturn an examiner's position, unlock a grant after multiple written responses have failed, and protect against an opponent's opposition. TaxClue's registered patent agents prepare rigorously and argue forcefully — at every IPO branch office.
🔒 Confidential · 4.9★ · All 4 IPO Offices · Video Conference · Written Submissions Included · Registered Patent Agents