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Patent criticality
Turning up to the hearing with nothing new
I have been offered a hearing. How should I prepare?
A hearing is the last chance to change the outcome before a decision is written. The Controller has already read the file, so repeating the written arguments achieves nothing. What moves a hearing is a concrete amendment and one clear technical difference.
What actually works
A single, well-evidenced point about the specific difference between claim 1 and the closest cited document, expressed technically. A concrete claim amendment, marked up, that the Controller can allow on the day. And, where the objection is under section 3, the specific evidence that clause requires rather than a general argument about merit.
Written submissions after the hearing are usually permitted and are worth using, but they are a supplement, not the main event.
What wastes it
Arguing commercial importance. Arguing that other patent offices granted it. Reading the FER reply aloud. Attending without a fallback amendment, so that the only options are allow the claim as it stands or refuse. And not attending at all - which almost always ends the application.
Sections 14 and 15 of the Patents Act 1970; rules 28 and 62 of the Patents Rules 2003.
Hearings are short. Controllers deal with many in a day and expect focus.
Prepare a one-page claim chart and one fallback claim set. That is most of the preparation.
Letting a hearing notice lapse because the application no longer feels important. Withdraw it deliberately if that is the decision.
The date on the hearing notice and the deadline for written submissions afterwards.
Write the single sentence that distinguishes your claim from the closest document. If it takes a paragraph, it is not ready.
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
- The Patents Rules, 2003, as amended (e-version updated to 15 March 2024) — Official IP India text
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Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.
Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.