IP Intelligence › Myths › The examiner decides whether I get a patent.
Patent myth
“The examiner decides whether I get a patent.”
The examiner searches and reports. The Controller decides - issues the report, holds the hearing, and grants or refuses.
Arguments are addressed to the Controller, who must give reasons and must hear you before refusing. Knowing this changes how a reply is written: it is a submission to a decision-maker, not a negotiation with a searcher.
Replies written as though to an opponent rather than to a decision-maker tend to argue the wrong things.
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
Related
Controller and Examiner
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, a…
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
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.
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.