A First Examination Report (FER) is the Indian Patent Office's list of objections to your patent application, issued after you request examination with Form 18. You must reply within 6 months of the FER, extendable by up to 3 months (so 9 months at most), or the application is treated as abandoned. A good reply answers every objection, amends the claims where needed and argues novelty and inventive step against the cited documents. If objections remain, the Controller offers a hearing before deciding.
Receiving a First Examination Report is normal. The great majority of Indian patent applications get one, and an objection does not mean the patent will be refused. What decides the outcome is the quality and timing of your reply. This guide explains what an FER contains, the deadlines, the most common objections and how to respond.
What is an FER?
The First Examination Report is issued after an examiner reviews your application on a request for examination (Form 18). The examiner searches the prior art and checks the application against the Patents Act, 1970: is the invention new, inventive and industrially applicable, is it excluded under Sections 3 and 4, and are the specification and claims clear and complete? The Controller then sends you the report, listing each objection and the documents cited against your claims.
FER reply deadline
| Step | Time limit |
|---|---|
| Reply to the FER and put the application in order for grant | 6 months from the date the FER is issued |
| Extension of the reply deadline | Up to 3 more months, on request (the request can now be filed during the extension period itself) |
| Updated details of corresponding foreign applications (Form 3, Section 8) | Within 3 months of the FER |
| If the reply is not filed in time | The application is treated as abandoned (Section 21) |
The 6-month clock runs from the date of issue of the FER, not the date you notice the email. Docket it immediately, and aim to file the reply well before the deadline: an early, complete reply leaves room for a hearing to be scheduled and decided without pressure.
The objections examiners raise most often
| Objection | What it means | Typical response |
|---|---|---|
| Lack of novelty (Section 2(1)(j)) | A cited document already discloses every feature of a claim | Show a feature the document does not disclose; amend the claim to include it |
| Lack of inventive step (Section 2(1)(ja)) | The invention would be obvious to a skilled person from the cited documents | Explain the technical problem, the technical advance and why the combination is not obvious |
| Section 3(k): computer programme per se, business method, algorithm | Common for software and AI inventions | Show the technical effect or technical contribution, e.g. effect on hardware, speed, security or resource use |
| Section 3(d): new form of a known substance | Common for pharmaceutical and chemical inventions | Show enhanced efficacy with data, or that the subject matter is not a new form of a known substance |
| Other Section 3 exclusions (e.g. 3(e) mere admixture, 3(i) methods of treatment) | The claimed subject matter is not patentable as framed | Reframe the claims, e.g. a synergistic composition or a device instead of a treatment method |
| Clarity and support (Section 10(4) and 10(5)) | Claims are unclear, too broad, or not supported by the description | Redraft the claims; point to where the description supports each feature |
| Unity of invention | The claims cover more than one invention | Restrict the claims, and consider a divisional application for the rest |
| Formal requirements | Missing or defective Form 3, Form 26 (power of attorney), proof of right, drawings | File the corrected documents with the reply |
If you are unsure whether your idea falls under an exclusion, read what cannot be patented in India before you reply.
How to write a strong FER reply
- Read every cited document in full. Examiners often cite a document for one paragraph; the rest of it may help you show what it does not teach.
- Map each claim against each citation. A simple feature-by-feature table makes the difference visible to you and to the Controller.
- Amend the claims where it strengthens your position. Amendments must stay within what was disclosed in the original specification (Section 59); you cannot add new matter.
- Answer every objection, in order. An objection left unanswered is treated as accepted.
- Argue technically, not just legally. For inventive step, explain the problem, the solution and the technical advantage, with test data where you have it.
- Fix all formal requirements in the same reply, including Form 3 and any missing documents.
- Ask for a hearing in the reply if objections may remain. This makes sure the Controller does not refuse the application without hearing you.
What happens after you reply
- The examiner and Controller review your reply and amended claims.
- If all objections are resolved, the application is granted.
- If objections remain, the Controller issues a hearing notice with the outstanding points. You attend (usually online) and argue your case; written submissions are normally filed shortly after the hearing. See patent hearing.
- The Controller then grants the patent or refuses it with reasons (Section 15). A refusal can be appealed to the High Court (Section 117A).
For the full timeline from filing to grant, see how long a patent takes in India.
Mistakes that lose patents at the FER stage
- Missing the deadline. After 6 months (or 9 with the extension), the application is abandoned.
- Arguing without amending. Claims that are clearly too broad rarely survive on argument alone.
- Amending beyond the original disclosure, which creates a new objection.
- Ignoring formal objections such as Form 3 or the power of attorney.
- Treating a Section 3(k) or 3(d) objection as fatal. Many software and pharmaceutical patents are granted after a well-argued reply.
Do you need a patent agent to reply?
An applicant can reply personally, but the reply is a technical and legal document that decides the scope of your patent for 20 years. At CorpBridge, FER replies and hearings are handled only by registered patent agents with experience in your technology area. If you have received an FER, share it with us for a free first review of the objections and the deadline.
Frequently asked questions
What is the time limit to reply to a patent FER in India?
6 months from the date the FER is issued. You can request an extension of up to 3 months, so the absolute limit is 9 months. If no reply is filed in time, the application is treated as abandoned under Section 21 of the Patents Act.
Does an FER mean my patent will be rejected?
No. Almost every application receives an FER. Most objections can be overcome by explaining the invention and amending the claims within what was originally disclosed.
Can I amend my claims while replying to the FER?
Yes, by way of explanation, disclaimer or correction, as long as the amended claims are fully supported by the specification as filed (Section 59). You cannot add new matter.
What happens if the Controller is not satisfied with my FER reply?
The Controller issues a hearing notice listing the remaining objections. After the hearing and written submissions, the Controller either grants the patent or refuses it with reasons; a refusal can be appealed to the High Court.
How do I overcome a Section 3(k) objection for a software invention?
Show that the claimed invention produces a technical effect or makes a technical contribution, such as improving how a device or system works, rather than claiming a computer program or algorithm as such.
What is Form 3 in an FER reply?
Form 3 is the statement and undertaking under Section 8 giving details of corresponding patent applications filed abroad. Updated details are due within 3 months of the FER.
This guide is general information, not legal or tax advice. Rules and thresholds change; speak to an expert about your situation.