IP Intelligence › In Simple Words › First Examination Report
In simple words
First Examination Report
Also called: FER, First statement of objections
An email arrives with a PDF attached and a date. That date is the single most important thing in it.
- In simple words
- The Patent Office's first written list of objections to your application, together with the prior art relied on. You have six months from its issue to put the application in order for grant, extendable by three further months on request.
- Think of it as
- A deadline with a document attached.
- Why it matters
- The six-month period runs from the date the report is issued, not the date you read it. The three-month extension has to be requested on Form 4 with fee; since the 2024 Rules that request can be made during the extension period rather than only before the six months expires. What you argue and what you give up here is permanent - it becomes part of the file anyone can read.
- A simple example
- A report issued on 4 March gives you until 4 September, extendable to 4 December on a Form 4 request with the prescribed fee. If nothing is filed, the application is treated as abandoned under section 21.
- Common mistake
- Amending the claims to whatever gets an allowance quickest. A granted patent with claims narrowed to your exact commercial product is often worth less than no patent at all, because it tells competitors precisely where the fence is.
- Where it comes from
- Patents Rules 2003, rule 24B(3), (5) and (6); Patents Act 1970, section 21
Sources & further reading
- The Patents Rules, 2003, as amended (e-version updated to 15 March 2024) — Official IP India text
- The Patents (Amendment) Rules, 2024 - G.S.R. 211(E), 15 March 2024 — Gazette text via WIPO Lex
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 reply that quietly gave the patent away
A first examination report is an opening position, not a rejection. The two ways applicants lose value here are missing the date, and buying a grant by conceding mor…
Before responding to an examination report
Everything you say in a reply is public and permanent. The two ways to lose value here are missing the date and conceding more than you needed to.
I received an examination report. What do I do?
Working out what the objections mean and what a good reply looks like.
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.
