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Patents · Examination and prosecution

Patent FER Response: Reply to the First Examination Report

A patent FER response is your written reply to the First Examination Report, the examiner’s list of objections on your application. It is the stage where many applications are won or lost.

The reply is due within 6 months of the FER, with one extension of 3 months on Form 4. Treat 9 months as the hard stop.

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What it is

After you request examination, an examiner studies your application against the Patents Act, 1970 and prior art, and issues the FER. It lists objections: lack of novelty, no inventive step, sufficiency of the description, claims that are unclear, or subject matter that Section 3 excludes. Some objections are formal, such as missing forms.

The response answers each objection. It usually has arguments for every cited document, amended claims filed with Form 13 and a chart showing where each amendment is supported in the description. The Controller then reviews it, may offer a hearing and may grant, or refuse under Section 15, with an appeal to the High Court under Section 117A. We prepare the reply and filing; where a hearing before the Controller needs an authorised patent agent, a qualified professional signs and appears.

Who it applies to

Applicants with an FER in hand

Say the FER landed in your inbox last week and the clock is running. We read it with you, sort the objections by weight and plan the reply. If the invention itself needs a fresh look, a patent search helps.

Startups and MSMEs

You filed through Form 18A or Form 18 and now face the first real test, after your patent registration application cleared the formalities. Careful amendments protect what matters commercially.

Inventors who filed earlier through another agent

You want a second view on the objections before replying. We review the file and tell you where the claims can still be saved.

Why it matters

The reply shapes your final claims

In practice, what you amend and concede now becomes your granted scope. A rushed reply can give away more than needed.

You avoid avoidable refusals

Many refusals come from missed deadlines or answers that ignored the cited documents. A structured reply deals with each one.

You keep options open

Early planning leaves room for a divisional application or amended claim sets if the examiner stays unconvinced.

Documents required

From the Patent Office

  • The FER and any cited prior art documents
  • Application number and specification as filed
  • Hearing notice, if one has been issued

From you

  • Technical clarifications on the invention
  • Comparison with the cited documents
  • Authorisation for the representative

What we prepare

  • Written reply to every objection
  • Amended claims on Form 13 with a support chart
  • Updated Form 3, if due

How it works

1

Read every line of the FER

We split objections into formal and substantive ones, and read every cited document against your claims.

2

Agree the strategy with you

We decide what to argue, what to amend and what to give up. You approve the plan before anything is filed.

3

Draft and file the reply

We prepare arguments, amended claims and forms, and file them on the IP India portal well before the deadline.

4

Prepare for the hearing

If the Controller calls a hearing, we prepare submissions and the written note due after it, and track the outcome and next dates.

Timelines

Reply to the FER

Under Rule 24B(5), you have 6 months from the date of the FER. Rule 24B(6) allows a further 3 months if you file Form 4 before the first period ends.

Form 3 on foreign filings

An updated Form 3 on foreign applications is due within 3 months of the FER, extendable by 3 months under Rule 12(5). It runs apart from the reply deadline.

Hearing steps

A hearing notice is given at least 10 days ahead under Rule 129, and written submissions follow within 15 days after the hearing.

What happens if you miss the reply

The application is treated as abandoned

If the application is not put in order for grant within the prescribed time, Section 21 treats it as abandoned.

No late rescue after nine months

The 2024 Rules keep Rule 24B(5) and (6) outside the usual condonation of delay. Plan to file well before month nine.

Refusal and costly appeal

An unconvincing reply may end in refusal under Section 15. Appeal to the High Court under Section 117A is possible but slower and costlier.

Frequently asked questions

What is a patent FER response?

It is your written reply to the First Examination Report issued by the Patent Office after you request examination. It answers every objection with arguments and, where needed, amended claims on Form 13. A good reply keeps the commercial value of your claims. We prepare it, file it on the portal and track the next steps with you.

How long do I have to reply to the FER?

You have 6 months from the date of the FER under Rule 24B(5). A further 3 months is available by filing Form 4 under Rule 24B(6) before the first period ends. The 2024 Rules do not allow condonation beyond that, so plan to file well within the first six months.

What if I cannot meet the deadline?

File Form 4 before the 6 months end to get 3 more months. After the extended period passes, the application is treated as abandoned, with no ordinary route to revive it. If you are close to a deadline, tell us right away so we can prepare and file in time, even if the reply is lean.

Do I have to amend my claims?

Not always. You can argue that the cited documents do not anticipate your invention, and amend only where a narrower claim helps you win. Amendments go on Form 13 with support in the original description. We weigh each option against your commercial needs before filing, so you do not give away more than necessary.

Will there be a hearing?

If the Controller is not satisfied, a hearing may be called. Notice is at least 10 days under Rule 129, and written submissions follow within 15 days of the hearing. Hearings can be held by video conference on request. We prepare the submissions and coordinate, and where an authorised agent is needed, a qualified professional appears.

What is Form 3 and when is it due?

Form 3 is the statement of foreign applications for the same invention. An updated Form 3 is due within 3 months of the FER, extendable by 3 months under Rule 12(5). It runs separately from the reply deadline. We track both dates so that neither is missed, and tell you what we need from you.

What happens if my application is refused?

The Controller can refuse under Section 15, and you can appeal to the High Court under Section 117A. Before that, you can often improve your position through a hearing and amended claims. We review the order with you and explain whether an appeal makes sense, and what it will take.

Does Taxhint draft the response?

We prepare the reply, the amended claims, the support chart and the forms, and file them on the IP India portal. Technical arguments are reviewed with you. Where the work needs a registered patent agent, a qualified professional signs it. We confirm who signs what, in writing, before we start.

Pricing

What it costs

Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.

Government fees depend on the form: the Form 4 extension request carries an official fee under the Patents Rules, and amendments and hearing requests may have their own. We list every official fee in your quote. The earlier Form 18 or Form 18A request for examination costs ₹4,000, ₹10,000 or ₹20,000 (Form 18) and ₹8,000, ₹25,000 or ₹60,000 (Form 18A) for natural persons and startups, small entities and others respectively.

Ready to begin?

Send us the FER and the date it was issued, and we will plan your reply before the clock runs out.