Once a request for examining the patent is filed, and the application is published, the same is taken up for examination in the order of the date on which such request was filed. Once taken up, the application is referred to an examiner for conducting a formal and substantive examination as per the technical field of the subject matter. Thereafter, the examiner prepares a report on the patentability of the claimed subject matter and other formal issues as well as substantive requirements of the law. This report is called the First Examination Report (“FER”) and is dispatched to the address for service of the Applicant in India. The FER includes objections relating to the novelty and inventive step of the claimed subject matter, apart from the patent eligibility requirements in India.
Further, the application may also be objected on grounds of industrial applicability and the examiner may assess if the claimed invention is capable of use in any industry or of being made using an industrial process.
Additionally, the claimed subject matter may also be objected for insufficiency of disclosure. In this regard, the examiner may assess whether the patent specification is properly titled; the subject matter is fully and particularly described in the specification; the claims define the scope of the invention properly; the specification describes the best method of performing the invention or not; the source and geographical origin, in case of inventions related to biological materials, has been disclosed; the approval obtained from the National Biodiversity Authority, wherever applicable; and whether the accession number and other details of the depository (i.e. as per the obligations under the Budapest Treaty) are given, wherever applicable.
The application may also be objected for lack of unity of invention. In this regard, the examiner may check if the claims relate to a single inventive concept. In case, he finds that the claims include a plurality of inventive concepts, the examiner shall raise an objection and to remedy the same, the applicant may choose to divide the patent application.
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