Expedite the Patent Filing Process in India

Introduction

A patent provides legal ownership of your invention and grants exclusive rights to make, use, sell, or import it. However, the patent filing process in India can be lengthy, which may be a drawback for inventions with a short commercial lifespan. In many cases, an invention may lose significant market value by the time the patent is granted.

To address this challenge, the Government of India introduced Rule 24C under the Indian Patents Rules, 2003, which allows applicants to request expedited examination of patent applications. The expedited patent filing process in India involves verifying eligibility, submitting Form 18A, and providing the required supporting documents.

This article offers comprehensive information on expedited patent filing in India. Accelerate your patent examination by crafting your expedited patent application with IndiaFilings for faster and efficient results.

What Is Expedited Patent Filing in India?

Expedited patent filing in India enables eligible applicants to request a faster examination of their patent application. Under this process, the Indian Patent Office (IPO) prioritizes the examination, significantly reducing the waiting time compared to the regular examination queue. This facility is particularly beneficial for startups, small entities, female inventors, and applicants associated with government bodies or notified sectors. If the eligibility conditions are met and the prescribed procedure is followed, applicants can obtain patent protection much earlier, helping them secure a strong competitive edge in the market.

Eligibility Criteria for Expedited Patent Filing in India

Rule 24C of the Indian Patents Rules outlines the grounds on which an applicant may seek expedited examination. Eligible categories include:

Patent Cooperation Treaty (PCT) Applications: Applicants who designated India as the International Searching Authority (ISA) or elected India as the International Preliminary Examining Authority (IPEA) in a corresponding international application.
Startups and Small Entities: To promote innovation and entrepreneurship, startups and small entities are permitted to request expedited examination.
Female Applicants: Applications filed solely by a female applicant or jointly where at least one applicant is a female qualify for expedited examination.
Government Departments: Applications filed by government departments are eligible.
Government-Established Institutions: Institutions established, owned, or controlled by the government may request expedited examination.
Government Companies: Companies classified as government companies under applicable law can utilize this facility.
Government-Financed Institutions: Institutions that are wholly or substantially funded by the government qualify.
Notified Sectors: Applications related to sectors specifically notified by the Central Government as critical or strategic.
Patent Prosecution Highway (PPH): Applicants who have received a favorable patentability opinion from a partner patent office under a PPH arrangement.

Documents Required for the Expedited Patent Filing Process in India

To request expedited examination, applicants must file Form 18A. The supporting documents vary depending on the eligibility ground, as outlined below:

a. PCT International Phase

ISA Number: If India acted as the International Searching Authority, the ISA number issued by the IPO.
IPEA Number: If India was elected as the International Preliminary Examining Authority, the corresponding IPEA number issued by the IPO.

b. Startup

Indian Applicant: Certificate of Recognition as a Startup issued by the Department for Promotion of Industry and Internal Trade (DPIIT).
Foreign Applicant: Any official document confirming startup status under the laws of the applicant’s country.

c. Small Entity

Indian Applicant: Proof of registration under the Micro, Small and Medium Enterprises Act, 2006.
Foreign Applicant: Official documentation establishing small entity status as per applicable foreign laws.

d. Female Applicant(s)

Indian Applicant: Photo identity proof (such as passport, driving license, or voter ID) issued by a competent authority.
Foreign Applicant: Photo identity proof issued by a competent authority in the applicant’s country.

e. Government Department

Indian and Foreign Applicants: Official documentation evidencing status as a government department.

f. Government-Established Institution

Indian Applicant: Documents proving establishment under a Central, State, or Provincial Act and ownership or control by the government.
Foreign Applicant: Official proof of establishment and control by the respective government.

g. Government Company

Indian Applicant: Documents confirming status as a government company under Section 2(45) of the Companies Act, 2013.
Foreign Applicant: Official proof establishing government company status as per foreign regulations.

h. Government-Financed Institution

Indian Applicant: Proof showing the institution is wholly or substantially financed by the government.
Foreign Applicant: Equivalent documentation under foreign law.

i. Notified Sector

Government Notification: Copy of the Central Government notification identifying the relevant sector.
Additional Documents: Any further documents required by the Controller of the IPO.

j. Patent Prosecution Highway (PPH)

Declarations: Any declarations prescribed by the Controller.
Supporting Documents: Documents required to establish eligibility under the PPH agreement between the IPO and the relevant foreign patent office.

Procedure for Expedited Patent Filing in India

The expedited patent filing process under Rule 24C involves the following steps:

Filing Form 18A: Submit Form 18A electronically along with the prescribed fee.
Conversion from Regular Examination: Applications already filed under the regular examination route can be converted to expedited examination by paying the applicable fee and submitting the required documents.
Early Publication: If the application has not already been published, a request for expedited examination must be accompanied by a request for early publication.
Non-Compliance: If the request does not meet the requirements of Rule 24C, it will be treated as a regular examination request, and the applicant will be informed accordingly.

Expedited Patent Filing Process Timeline

The expedited examination follows a defined and accelerated timeline:

First Examination Report (FER): Issued within one to two months from the date the application is taken up for examination.
Controller’s Review: The Controller reviews the examiner’s report within one month.
Statement of Objections: The applicant receives the first statement of objections within 15 days of the Controller’s decision.
Response by Applicant: Replies to objections are considered in the order they are received.
Grant Preparation Period: The applicant has six months to comply with objections and put the application in order for grant, with a possible extension of up to three months.
Final Decision: The Controller issues the final decision within three months from the receipt of the last response or from the expiry of the compliance period, whichever is earlier.

About the Author

Ravi

Ravi is an experienced legal writer who simplifies complex legal concepts into clear, practical guidance. He supports entrepreneurs by clarifying their legal obligations, helping them build compliant, sustainable businesses with confidence.