Are Indian patents subject to substantive examination?

Yes, Indian patents are subject to substantive examination. Substantive examination is carried out on request (by the applicant or an interested party). That is, to determine if the invention meets the patentability requirements (novelty, inventive step and industrial applicability). You need to submit Form 18 in order to make the request. Basically, once you submit the request for examination, your application will be lined up for the exam. Eventually, it will land on the desk of an examiner who is experienced in the field of the invention. As mentioned, all Indian patents subject to substantive examination, and the examiner shall examine your application on its merits.

Within 6 months, the IPO will send its First Office Action to you in the form of First Examination Report (FER).

Related FAQs:

Can I access the documents in the file of an Indian patent application?

What is the time limit for responding to office actions in India?

Can I submit third-party observations on an Indian patent application?How can I challenge a granted patent in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents - Indian patents subject to substantive examination

A Quick Guide to Patents

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