Patent Law in India – Consideration of the report of examiner by Controller

Patent law in India includes The Patents Act, 1970 along with the patent rules, as amended in 2005, 2014 and 2016.

Indian patent law is based on international standards as India is signatory to TRIPS (Trade Related Aspect of Intellectual Property Rights System as specified by WIPO (World Intellectual Property Organisation).

India is also signatory to the Patent Cooperation Treaty (PCT) for filing of PCT National Phase Applications in India and PCT International Patent Applications with Indian Patent Office as receiving office.

Important section of patent act in India is:

Section 14
Consideration of the report of examiner by Controller

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.

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