IP Intelligence › In Simple Words › Controller and Examiner
In simple words
Controller and Examiner
Also called: Controller of Patents, Patent Examiner
Two different people handle your application, and confusing them wastes a lot of correspondence.
- In simple words
- The Examiner searches the prior art and prepares a report; the Controller is the statutory officer who decides - who issues the examination report, holds hearings, and grants or refuses the application.
- Think of it as
- The examiner researches; the Controller decides.
- Why it matters
- Arguments are addressed to the Controller. It is the Controller who must give reasons, who hears you before refusing, and whose order is appealable.
- A simple example
- An examination report is prepared by an examiner but issued under the Controller's authority. A hearing is before the Controller, not the examiner.
- Common mistake
- Treating the examiner's report as the final decision. It is a report; the decision comes later and you are entitled to be heard first.
Sources & further reading
Related
Examination
The stage at which the Patent Office searches for prior art and assesses whether your application meets every requirement of the Act - novelty, inventive step, subje…
Hearing
An oral proceeding before the Controller in which the applicant (usually through a patent agent) argues the outstanding objections, normally followed by written subm…
The application is examined
Keep going.
Every explanation here links to the ones next to it. Follow the thread rather than the menu.
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.