Is There Any Provision For Expedited Examination?

In India patents are not directly examined, applicant need to file request for examination to process the grant of patent. If an applicant wishes to expedite the patent grant process, they must file a request for expedited examination as mentioned under Rule 24C. This step speed up the process of grant approval.

Steps to be followed for Expedited Examination

To speed up the procedure, a number of actions must be taken. First, in order to receive an early publication of the examination, the applicant may include Form 9 with their patent application. Second, if the applicant satisfies specific qualifying requirements, such as being a startup or a female candidate, they can seek an examination by submitting Form 18A after the publication to speed up the procedure.
For Patent Cooperation Treaty (PCT) applications the expedited examination request can be filed under rule 20 (4) (ii) to begin the evaluation sooner otherwise the applicant need to wait for 31 months before each country starts its examination.

Examination Process and Associated Timelines

For a regular patent examination request under Rule 24B, applicants must submit Form 18 within 31 months of the initial application date. The Patent Office examines applications in the order they’re received, typically after publication, after this examiner issue review report within timelines.
Under rule 24C startups, small entries and some other applicants can request for faster examination. The applicant requires to submit the Form 18A within 48 months. The examiner will review the application and provide a first examination report within 2- 3 months.
There is also a procedure to convert a regular examination request to an expedited one by paying the necessary fees and providing required documents. These fees vary based on the applicant’s type, such as individual or small entity. In response to the examiner’s initial report, applicants generally have six months to address any objections, with a one-time extension of three months if needed. Expedited cases, however, may require faster responses to stay on track.

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Benefits of expedited examination

Expedited examination options are valuable for several reasons:

They allow applicants to get patents faster, which is important in industries with fast technological changes.
With fast patent process companies get an edge that help them to establish market sooner.
Investors also attracted if they seek intellectual property protection.

Eligibility for Expedited Examination

The following types of applicants can apply for expedited examination under Rule 24C

Startups: Recognized startups are eligible for expedited examination.
Small Entities: Applicants registered as small entities qualify for this option.
Female Applicants: If an applicant is a natural person and at least one joint applicant is female, the application may qualify.
Government and Related Organizations: This comprises government departments, government-funded institutions.
PCT Applicants/special secots/ International Agreements: PCT applicants who have selected India for international patent searches, applications from specific government-approved sectors, and those processed under international agreements between India and other countries are eligible to apply.

Fees for examination

On what payable	Number of the relevant Form	For physical filing Natural person or startup or small entity or educational institution	Other(s), alone or with natural person or startup or small entity or educational institution
On request for examination of application for patent— under section 11B and rule 24(1); (ii) under rule 20(4)(ii).	18	4000 5600	20000 28000
On request for expedited or delayed examination of application for patent under rule 24C.	18A	8000	60000
Conversion of the request for examination filed under rule 24B to request for expedited or delayed examination under rule 24C	18A	4000	40000