Hearing:

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Hearings under Patents can be of two types one is for the Objection raised as per FER / SER and second in case of Opposition proceeding.

Objection Hearing in patents can occur in the examiner is not satisfactory with the reply filed and representation made under reply, then the examiner calls for the hearing before refusal. A Controller who is an officer senior to examiner issues a notice of hearing inviting the applicant to attend the hearing on a scheduled date for the hearing.

It is possible to seek an adjournment of the hearing in case the Applicant needs more time due to some justifiable reasons. The adjournment can be sought twice at the most. With each adjournment request, a fresh hearing notice is issued notifying the new date of the oral hearing. In practice, the average gap between the original date of hearing and the new date of hearing is around 1 month. Also, the Applicant is supposed to inform the Controller in advance about the intention of attending the oral hearing

As such, there is no provision of ex-parte oral hearing at the IPO. Once the oral hearing is notified, it needs to be attended; otherwise, the patent application is considered abandoned.

Opposition Hearing in patents only occur in the event of post-grant opposition. For understanding on opposition please refer to Opposition proceedings.

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