Learn about Patent Show Cause Hearings in India—purpose, process, and tips for preparing effective responses to overcome objections and secure patent grants.

What Is a Patent Show Cause Hearing?

A Patent Show Cause Hearing is an official opportunity for the patent applicant to defend their invention before the Controller of Patents, especially when the First Examination Report (FER) objections remain unresolved after the reply.

It’s essentially a final oral argument to clarify, explain, and "show cause" why your application should not be refused.

It is the last opportunity to persuade the Controller before a patent is either granted or rejected.

Legal Framework

When Is a Patent Show Cause Hearing Issued?

A hearing notice is sent when:

• The FER reply fails to resolve all objections, especially substantive ones like novelty, inventive step, or Section 3 issues

• There’s a disagreement on claim amendments

• The Controller believes the invention is not patentable under law

 A hearing notice typically provides a date and time for the oral hearing and may request additional written submissions beforehand.

What Does a Hearing Notice Include?

 Date and venue (in-person or virtual)

 Summary of pending objections

 Deadline for filing written submissions (usually 2–7 days before the hearing)

 Link (for virtual hearings) via Webex/MS Teams, etc.

 Name of the Patent Controller assigned

Step 1: Understand the Hearing Notice

What to Look For:

• Application number & hearing date

• Name of the Patent Controller assigned

• Objections still unresolved (typically mentioned in the notice)

• Mode of hearing (in-person or virtual – usually via Webex/MS Teams)

• Deadline for pre-hearing submissions (usually 2–7 days before hearing)

Step 2: Review Your FER Reply and the Controller’s Objections

Revisit:

• The original First Examination Report (FER)

• Your previously filed FER reply

• Any amendments or documents submitted after that

Objective:

Determine:

• Which objections have already been resolved

• Which ones are still active or critical

• Whether Section 3, novelty, or inventive step are the main issues

Example:

If the Controller has raised objections under Section 3(d), your focus should be on proving enhanced efficacy or technical advancement over known substances.

Step 3: Prepare Evidence & Technical Justifications

For each pending objection, prepare:

 Point-wise technical justification

 Experimental data, if applicable

 Distinction from cited prior art

 Legal arguments, if objected under Section 3, 59, etc.

Common Tools:

Step 4: Draft Written Submissions (Highly Recommended)

Although not mandatory, it is strategically essential to submit a written hearing brief before the actual hearing.

Contents of a Written Hearing Submission:

• Brief intro of the invention

• Table listing each objection with your rebuttal

• References to claim numbers and paragraph numbers

• Attachments (amended claims, technical documents)

• Statement requesting grant of patent

Step 5: Prepare for the Oral Hearing (Presentation Phase)

During the hearing, you will have around 15–30 minutes to defend your application.

How to Present:

• Start with a summary of your invention and its key features

• Address each objection clearly, referencing claim numbers and prior art

• Use technical drawings or diagrams to simplify explanations

• If questioned, answer precisely — do not argue emotionally or aggressively

Tips:

• Keep a hearing brief or slide deck ready

• Use keywords and legal terms from the Patents Act

• Practice explaining your invention in non-jargon, clear language

Step 6: Amend Claims, If Necessary (Form 13)

If, during the hearing, the Controller suggests claim amendments:

• Submit Form 13 with revised claims

• Ensure no new subject matter is introduced

• The amendments must stay within the original disclosure

 Usually, you’ll be given 15–30 days post-hearing to file amended claims or documents.

Summary: Key Do’s & Don’ts

 Do’s

• Prepare thoroughly with claim-prior art comparison

• Submit written submissions before the hearing

• Keep the conversation technical and precise

• Respect time and professional tone

• File Form 13 on time if claims are amended

 Don’ts

• Don’t repeat prior FER responses word-forrword

• Don’t argue emotionally

• Don’t introduce new subject matter

• Don’t ignore or delay attending the hearing

What Happens After the Hearing?

Tips for a Successful Hearing

Conclusion

Patent Hearings Are Your Last Line of Defense.

Patent show cause hearings can feel intimidating, but they are valuable opportunities to defend your invention.

A clear, well-supported hearing strategy often turns a near-rejection into a grant.

Don't ignore or delay response to a hearing notice. Use it as your final chance to convince the Controller of your invention’s novelty, inventive step, and patentability.

FAQs – Patent Show Cause Hearing

Q1. Is a hearing mandatory?
👉 No, but if you don’t attend or submit written arguments, the application may be rejected ex parte.

Q2. Can I request a rescheduling of the hearing?
👉 Yes, by writing to the Controller at least 2–3 days in advance with valid reasons.

Q3. Do I need a patent attorney to attend the hearing?
👉 It’s not mandatory, but highly recommended, especially for complex inventions.

Q4. What happens if the Controller rejects my arguments?
👉 You’ll receive a reasoned refusal, which can be appealed to the IPD (High Court) or IPAB.

Q5. Can I file further amendments post-hearing?
👉 Yes, if allowed by the Controller, usually within a specified time window.