Patent Hearing & Written Submission
Received a hearing notice? Get expert representation before the Controller and professionally drafted written submissions
Pricing tailored to your specific requirements — get a free quote.
Service Scope
Fee Breakup
Application Updates
Support
Custom Pricing
Choose Your Plan
Get personalized pricing tailored to your requirements. Our experts will guide you.
Hearing Preparation & Attendance
Complete preparation of oral arguments and attendance at the hearing before the Controller (video conference or physical).
- Hearing Notice Analysis
- Oral Argument Preparation
- Attorney Hearing Attendance
- Pre-Hearing Consultation
Hearing + Written Submission
End-to-end hearing support — attendance, oral arguments, and written submissions filed within 15 days of the hearing as required under Rule 28(7).
- Attorney Hearing Attendance
- Oral Arguments Before Controller
- Written Submissions Within 15 Days
- Amended Claims If Directed
- IPIndia Portal Filing
Written Submission Only
Professional drafting and filing of written submissions after a hearing you or your agent attended, within the statutory 15-day window.
- Hearing Minutes Review
- Written Submission Drafting
- Supporting Amendments (Form 13)
- IPIndia Portal Filing
Compare Features
| Feature | Hearing Preparation & Attendance | Hearing + Written SubmissionRecommended | Written Submission Only |
|---|---|---|---|
| Hearing Notice Analysis | |||
| Oral Argument Preparation | |||
| Attorney Hearing Attendance | |||
| Pre-Hearing Consultation | |||
| Oral Arguments Before Controller | |||
| Written Submissions Within 15 Days | |||
| Amended Claims If Directed | |||
| IPIndia Portal Filing | |||
| Hearing Minutes Review | |||
| Written Submission Drafting | |||
| Supporting Amendments (Form 13) | |||
| Delivery Time | 10 days | 15 days | 7 days |
Service Overview
About this Service
Overview of Patent Hearing & Written Submission in India
When objections remain outstanding after the response to the First Examination Report, the Controller does not refuse the application outright. Section 14 of the Patents Act, 1970 guarantees the applicant an opportunity to be heard before any adverse decision. The Controller issues a hearing notice listing the surviving objections and appointing a date — and this hearing becomes the applicant's final and most decisive opportunity to secure the grant. Industry experience shows that roughly half of all examined applications in India pass through the hearing stage, making hearing advocacy a core patent prosecution skill rather than a rare event.
The hearing itself — now conducted predominantly by video conferencing before the Controller — is only half the battle. Under Rule 28(7) of the Patents Rules, the applicant must file written submissions along with all relevant documents within 15 days from the date of hearing. The written submission is the permanent record of the arguments made: it addresses each outstanding objection, records the amendments the Controller indicated would be acceptable, and forms the basis of the Controller's speaking order. A strong oral hearing followed by weak or late written submissions routinely ends in refusal — which is why both halves must be handled with equal rigour.
Our patent attorneys and registered patent agents prepare the complete hearing brief — rebuttals to every outstanding objection, supporting case law, and fallback claim amendments — appear before the Controller on your behalf, and file comprehensive written submissions with any Form 13 amendments within the statutory 15-day window. If you or your existing agent already attended the hearing, we also offer a standalone written-submission drafting service against the hearing minutes.
The Patent Hearing Process — Step by Step
- 1Hearing notice — the Controller issues a notice listing the outstanding objections and the appointed hearing date
- 2Adjournment (if needed) — a request with reasonable cause may be filed at least 3 days before the hearing; a maximum of two adjournments, each not exceeding 30 days, may be allowed
- 3Hearing preparation — point-wise rebuttals, supporting precedents, technical data, and proposed claim amendments are prepared in advance
- 4The hearing — oral arguments are presented before the Controller through video conferencing (or physically where permitted), objection by objection
- 5Written submissions — under Rule 28(7), written submissions and relevant documents must be filed within 15 days from the hearing date, including any amendments discussed
- 6Speaking order — the Controller considers the record, oral arguments, and written submissions, then passes a reasoned order granting the patent or refusing it under Section 15
Why the Written Submission Decides Your Patent
- It is the official record — the Controller writes the final order months after the hearing, relying on the written submissions, not memory of oral arguments
- It captures agreed amendments — claims the Controller indicated as allowable at the hearing must be formally placed on record within the 15-day window
- It cures gaps in oral argument — points that could not be fully developed at the hearing can be substantiated with data, case law, and claim charts
- It is a strict deadline — Rule 28(7) allows 15 days from the hearing date; submissions filed late risk being ignored entirely
- It is the last word — after written submissions, no further opportunity exists before the Controller's decision; whatever is missing stays missing
What Our Hearing Service Covers
Hearing Notice Analysis
Every outstanding objection is analysed against the file history to identify what persuaded the examiner, what did not, and where the realistic path to grant lies.
Hearing Brief & Strategy
A complete brief with point-wise rebuttals, judicial precedents, technical evidence, and pre-cleared fallback amendment positions — so no question from the Controller comes as a surprise.
Appearance Before the Controller
A registered patent agent or attorney presents your case at the video-conference or physical hearing, argues each objection, and negotiates allowable claim scope.
Written Submissions Within 15 Days
Comprehensive written submissions under Rule 28(7) with amended claims on Form 13 where directed, filed on the IPIndia portal well within the statutory window.
Post-Hearing Tracking
We track the application until the Controller's order and advise on next steps — grant formalities, or appeal to the High Court in case of refusal.
Standalone Written Submission
Attended the hearing yourself? We draft and file only the written submissions from your hearing minutes — within the remaining days of the 15-day window.
What Happens After the Hearing
After considering the written submissions, the Controller passes a speaking order. If the objections are overcome, the patent proceeds to grant and is published in the Patent Office Journal. If the application is refused under Section 15, the order records the reasons — and the applicant may appeal to the jurisdictional High Court within the prescribed limitation period. A well-built hearing record with thorough written submissions is also the foundation of any successful appeal, since the High Court examines whether the Controller dealt with the arguments actually placed on record.
Who Should Opt for This Service?
- Applicants who have received a hearing notice under Section 14
- Applicants who attended a hearing and must file written submissions within 15 days
- Self-represented inventors needing professional support at the make-or-break stage
- Foreign applicants requiring a registered Indian patent agent before the Controller
- Companies with high-value applications where refusal is not an acceptable outcome
- Applicants whose earlier agent is unavailable close to the hearing date
Note: Do not skip a patent hearing — if neither the applicant nor the agent appears and no adjournment is sought, the Controller decides on the existing record, and outstanding objections almost always lead to refusal. Contact us the day the hearing notice arrives so preparation can begin immediately.
Checklist
Documents You'll Need
Keep these documents handy — our team will guide you through every submission.
Good to know: Accepted formats are PDF, JPG, PNG (max 5MB per file). Please self-attest all identity proofs — our team verifies every document before filing.
Hearing Notice
RequiredThe hearing notice received from the Patent Office with outstanding objections
FER & Response Copy
RequiredThe First Examination Report and the response already filed
Patent Application Documents
RequiredComplete specification, claims, and drawings as on record
Power of Attorney (Form 26)
RequiredAuthorization for our patent agent to appear on your behalf
Technical Data / Affidavits
OptionalExperimental data or expert affidavits supporting inventive step, if available
Good to know: Accepted formats are PDF, JPG, PNG (max 5MB per file). Please self-attest all identity proofs — our team verifies every document before filing.
Who It's For
Who Should Opt For This?
Applicants with Hearing Notice
Patent applicants who have received a hearing notice under Section 14 and need expert representation.
Post-Hearing Applicants
Applicants who attended a hearing and must file written submissions within the 15-day window.
Self-Represented Inventors
Inventors who prosecuted their own application but need professional support at the critical hearing stage.
Foreign Applicants
International applicants needing a registered Indian patent agent to appear before the Controller.
Companies & Institutions
Organizations whose in-house teams need specialist hearing counsel for high-value applications.
Process
How It Works
A transparent, step-by-step journey from your first call to completed filing.
- 1
Hearing Notice Analysis
1-2 daysStudy outstanding objections and hearing date.
- 2
Argument Preparation
3-5 daysPrepare rebuttals, case law, and proposed claim amendments.
- 3
Hearing Attendance
Hearing dayAttorney presents oral arguments before the Controller (VC/physical).
- 4
Written Submission Filing
Within 15 daysDraft and file written submissions with amendments within 15 days.
- 5
Controller's Order
1-6 monthsGrant or refusal order — we track and advise on next steps.
Free Expert Consultation
Need Help with Patent Hearing & Written Submission?
Talk to our senior legal experts for free. Get clarity on documents, eligibility, and the entire process — no charges, no commitment.
Our experts are standing by right now
FAQs
Frequently Asked Questions
Everything you need to know about the service, timelines, and requirements.
Contact our support team
If objections remain outstanding after the FER response, the Controller appoints a hearing under Section 14 of the Patents Act, 1970 before refusing the application. A hearing is the applicant's final opportunity to convince the Controller — roughly half of all examined applications in India go through the hearing stage.
Yes, practically it is. If the applicant or their agent does not attend the hearing and does not seek adjournment, the Controller decides the application based on the record — which usually results in refusal since outstanding objections stand unrebutted. Non-attendance effectively forfeits your right to be heard.
Under Rule 28(7) of the Patents Rules, the applicant must file written submissions along with relevant documents within 15 days from the date of hearing. The written submission records the arguments made at the hearing, addresses each outstanding objection, and includes any claim amendments the Controller indicated during the hearing.
The 15-day window under Rule 28(7) is strict. If written submissions are not filed in time, the Controller decides the application without them — the oral arguments made at the hearing may not be fully considered, significantly increasing the risk of refusal.
Yes. A request for adjournment can be made with reasonable cause at least 3 days before the hearing date. The Controller may allow a maximum of two adjournments, each not exceeding 30 days. Adjournments should be used strategically — for example, to prepare experimental data or expert affidavits.
Yes, hearings before the Indian Patent Office are now predominantly conducted through video conferencing, making it convenient for applicants and agents anywhere in India. Physical hearings can be requested in appropriate cases.
Preparation includes analyzing the hearing notice objections, preparing point-wise rebuttals with case law, planning claim amendments acceptable to the Controller, preparing technical demonstrations or data if needed, and rehearsing responses to likely questions from the Controller.
The Controller considers the oral arguments, written submissions, and any amendments, then passes a speaking order — either granting the patent or refusing it under Section 15. If refused, the applicant can appeal before the High Court within the prescribed period.
Related Services
Explore More Services
Need a Custom Solution?
Get in touch for a tailored Patent Hearing & Written Submission solution designed around your specific requirements.