Request for Expedited Examination
The Request for Expedited Examination is a procedural mechanism under the Indian Patents Act that enables certain applicants to accelerate the examination process of their patent applications.
Applications/Applicants eligible for expedited Examination:
- Applications where India has been indicated as the competent International Searching Authority(ISA) or elected as an International Preliminary Examining Authority(IPEA) in the corresponding international application;
- Start-up applicant
- MSME applicant
- At least one of the applicants (natural [persons) is a female
- Applicant is an institution established by a Central, Provincial or State Act, which is owned or controlled by the Government
- Applicant is a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013)
- Applicant is an institution wholly or substantially financed by the Government
- Application pertains to a sector which has been notified by the Central Government, on the basis of a request from the head of department of the Central Government; and
- Applicant is eligible under an arrangement for processing a patent application pursuant to an agreement between Indian Patent Office and a foreign Patent Office.
Key Provisions:
Request for Examination:
Expedited Examination Criteria:
Request for Examination:
- An application for a patent shall not be examined unless the applicant files a request for examination (RFE).
- The request must be submitted within 31 months from the date of priority or date of filing of the application, whichever is earlier.
Expedited Examination Criteria:
- A standard examination request made may be upgraded to expedited examination by paying additional fees and submitting necessary form.
- A request for expedited examination may be filed directly with the Indian Patent Office within 31 months from the date of priority or date of filing of the application, whichever is earlier.
Advantages of Expedited Examination:
- Faster Patent Grant Applications under expedited examination are placed in a separate queue, allowing them to be examined significantly earlier than those under the ordinary route.
- Early Market Entry A quicker grant enables inventors and businesses to enter the market sooner with exclusive rights, which is crucial for time-sensitive or high-value innovations.
- Stronger Legal Position A granted patent strengthens the applicant’s ability to enforce rights, initiate infringement actions, or defend against legal challenges more effectively.
Accordingly, expedited examination serves as a valuable option for eligible applicants seeking to expedite the grant of patent rights within the legal framework of Indian patent law.