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As per the Indian patent system, getting patent registration provides an exclusive right to the patentee by the government for his invention from making, using, selling, and importing the patented product by another individual without the patentee’s permission.
But this patent right should be provided to those inventions which meet the criteria as laid down under the Patent Act, 1970. It is therefore obligatory on the part of Examiner to examine that whether the invention is new, carry inventive step or capable of Industrial application.
Even though comprehensive search is done at the time of oppositions, revocations or counter revocations in infringement suits, but the examination process acts as a primary step of Indian patent system.
Examination process cannot begin unless a request to patent office has been made to process the Patent Registration to the Examination stage. So now we would proceed with Understanding the Provision for Its Examination.
The request for initiating the examination process can be made by
Before rejecting the patent application, the controller will provide the opportunity of being heard provided applicant has filed a hearing request 10 days in advance before the expiry.
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