Hearing
01
Request for a Hearing
If the objections are not resolved through written communication the applicant can request a hearing.
The hearing is an opportunity for the applicant (or their patent attorney/agent to present their case directly to the examiner or a panel at the patent office.
The hearing provides a platform for oral arguments, where the applicant can explain why the invention meets the criteria for patentability.
02
Preparation for the Hearing
The applicant must prepare to address the specific issues raised by the examiner.
Evidence such as prior art references, legal precedents, and technical explanations may be presented to support the application.
03
The Hearing
During the hearing, the applicant or their representative presents arguments, provides
clarifications, and may negotiate the scope of the claims.
clarifications, and may negotiate the scope of the claims.
The hearing allows for a real-time dialogue between the applicant and the examiner, which can sometimes lead to a faster resolution of issues.
04
Hearing Written Submission
After the hearing, the applicant may be required to submit a written document summarizing
the key points discussed and agreed upon during the hearing.
the key points discussed and agreed upon during the hearing.
This submission typically includes conclusions, actions, or amendments agreed to during the hearing and serves as the final opportunity to address any unresolved objections.
The examiner reviews this written submission before making a final decision on whether to
grant or reject the patent application.
grant or reject the patent application.
05
Post-Hearing Decision
After reviewing the hearing submissions and arguments, the examiner or panel deliberates
on the outcome.
on the outcome.
The decision may either be to allow the patent or to reject.
In case of a rejection after the hearing, the applicant can appeal the decision to a higher authority, such as High court.