Filing an application is the start of a negotiation, not the end of the process. Between filing and grant, you must persuade the patent office that the invention is new, inventive and properly claimed, while keeping the claim scope that gives the patent its commercial value. After grant, the patent may still face opposition or revocation. We manage this whole phase, from the first examination report to grant and beyond.

What We Offer

• Status tracking and reporting throughout prosecution.

• Technical analysis of examination reports and cited prior art.

• Responses to examination reports, with claim amendments and arguments.

• Discussions with examiners, and representation at hearings before the Controller.

• Written submissions after hearings.

• Appeals against refusals and other adverse orders.

• Pre-grant and post-grant oppositions, whether filing against a competitor or defending your application or patent.

• Defence of granted patents in revocation proceedings.

• Amendments after filing, and surrender of patents, with supporting statements and evidence.

• Comment and analysis letters for clients and foreign counsel.

Our Approach

1. Analyse. We study each objection and every cited reference against your whole invention, not just the claims as filed.

2. Strategise. We decide which arguments to make and which amendments to offer, aiming for the broadest claims the prior art permits.

3. Engage. Where useful, we discuss the application with the examiner directly to narrow the issues before a formal response or hearing.

4. Report. You receive a clear account of each development, the options available and our recommendation.

Why Khurana & Khurana

• Hearings handled by experienced practitioners. Our patent attorneys regularly appear before Controllers at the Indian Patent Office.

• Both sides of oppositions. We file oppositions against competitors' applications and defend our clients against them, so we know how each side argues.

• One team throughout. The team that drafted or filed the application usually prosecutes it, keeping the strategy consistent from filing to grant.

Patent Prosecution Timeline in India

1. Publication: 18 months from the priority or filing date, or earlier on request.

2. Request for examination: within 31 months of the priority or filing date. Expedited examination (Form 18A) is available to start-ups, small entities, female applicants, government bodies, institutions established by a Central or State Act, applicants who chose India as their PCT search or examination authority, and applicants under notified bilateral arrangements.

3. First examination report (FER): issued after the application is published and examination has been requested.

4. Response: within six months of the FER. This can be extended by up to three months on a request in Form 4. An application not put in order in time is treated as abandoned.

5. Hearing: if objections remain, the Controller must offer a hearing before refusing the application. Written submissions are due within 15 days of the hearing.

6. Pre-grant opposition: any person may oppose after publication and before grant. The applicant has two months to reply once notified.

7. Grant: the patent lasts 20 years from the filing date (for PCT national phase applications, from the international filing date), subject to annual renewal fees.

8. Post-grant opposition: any interested person may oppose within one year of publication of the grant.

Received an examination report or a hearing notice?

Indian response deadlines are strict, and a missed deadline means the application is treated as abandoned. Send us the report at info@khuranaandkhurana.com and we will set out your options.