Expedited Patent Filing Process in India

A patent gives a proprietary right over your product or innovation and legal ownership to produce, apply, sell, or import. The procedure of patent filing in India can be lengthy and offer an unfavorable advantage for innovations with a fleeting lifespan or products with temporary market appeal, which may be disrupted by shifting consumer choices or newer inventions.

To address this issue, the Indian Government introduced Rule 24C, as per the Indian Patents Rules, 2003, to facilitate expedited or accelerated patent review. The process of expediting patent filing in India necessitates an eligibility check, submission of Form 18A, and completion of other compulsory documents.

This article provides detailed information on the expedited patent filing process in India, enabling you to achieve a competitive edge.

What Does an Expedited Patent Filing Mean?

An expedited patent filing permits applicants to request an accelerated review and an urgent examination procedure for their innovation. This indicates that your application for patent expedited examination will be placed under examination and evaluated more quickly by the Indian Patent Office (IPO) than in the regular waiting line or queue.

Applications for expedited review will be routed to a separate queue, different from the regular examination queue. An entrusted examiner will now examine them significantly sooner than the applications lined up for routine inspection.

Requirements for Expedited Patent Filing in India

Rule 24C of the Patent Rules, 2003 regulates the request for an expedited examination. The request must be tendered by submitting form 18A within 48 months from the initial or applicant date of the patent application, whichever comes first. Also worth noting is that a call for an expedited examination must be coupled with a request for advance publication (Form 9) governed by rule 24A, barring where there has been publication of an application, or such a request has been submitted.

An applicant can demand an expedited examination under Rule 24 C on the following basis:

• Selected India as the International Searching Authority (ISA) or named it as the International Preliminary Examining Authority in a corresponding PCT application.
• Startup specified by rule 2(b) of the Patent Rules,2003, or a small entity specified by rule 2(fa)
• Female innovators, or at least among the applicants, one is a female
• Government affiliation, undertaking, or government companies
• Institutions entirely or substantially funded by the government
• Specified notified sectors by the Central Government
• Patent Prosecution Highway (PPH)

Necessary Documents for Expedited Patent Filing

Mandatory documents that require submission as confirmation of eligibility for fulfilling the expedited examination are as follows:

	Classification of Applicant	Documents Needed
1.	The applicant in the corresponding PCT has named the Indian Patent Office (IPO) as the International Searching Authority (ISA) and/or International Preliminary Examining Authority (IPEA)	Both Indian and Foreign applicants: Applicable ISA number furnished by the Indian Patent Office (IPO as ISA Applicable IPEA number furnished by the IPO for a foreign applicant
2.	Startup entity	Indian applicant: The certification of recognition as a startup from DPIIT or the Department for Promotion of Industry and Internal Trade. Foreign applicant: Any official document as per your country’s rules.
3.	Small entity	Indian applicant: Confirmation of the registration under the Micro, Small and Medium Enterprises Act, 2006 (27 of 2006) Foreign applicant: Any official document as per your country’s regulations.
4.	Female Applicant or Joint applicants where at least one of the applicants is a female.	For Indian and foreign applicants Photo ID of the female applicant approved by the appropriate authority as proof of eligibility
5.	Government Department or an institution funded, owned, or regulated by the government	For both Indian and Foreign applicants Any official document as proof of eligibility.
6.	Notified Sector	A copy of the notification authorized by the Central Government identifying the relevant area. Any other documents that the Controller may need from the IPO
7.	Patent Prosecution Highway (PPH)	Render any declarations asked by the Controller of the IPO. Any documents that the Controller needs to confirm your eligibility as per the PPH between the IPO and a foreign Patent Office.

Method for Expedited Patent Filing in India

The brief process for expedited patent filing in India as specified in Rule 24 C stipulates the following.

• Application and charges: Applicants must submit a request digitally via Form 18A, together with the prescribed charges as laid out in the first schedule of the Patent Rules, 2003.
• Shift in Assessment Method from Routine Examination: Current examination requests, as outlined under the regular procedure, can be fast-tracked to expedited requests by covering the applicable charges and submitting the mandatory documents.
• Publication Mandate: Except for those applications that have already been published, a request for expedited examination must be accompanied by a request for early publication.
• Non-Observance: Requests that do not comply with the stipulations of the rule will be reviewed under the regular examination method, which will be communicated to the applicant.

 Timeframe for Expedited Patent Filing

Expedited patent examination has to be conducted within a concrete timeline, which follows the given sequence:

• Submission of Report: The examiner must submit a first examination report within one to two months of accepting the application.
• Controller’s Resolution of the Report: The Controller shall review and dispose of the examiner’s report within one month.
• Receiving Complaint: The applicant is presented with the statement showing disapproval or complaint within 15 days of the Controller’s finding on the report.
• Applicants’ Reply: The applicants’ response to the objections is evaluated on the basis of the sequence in which it is received.
• Timeframe for Grant Application: Applicants have a six-month timeline to respond to objections and compile the grant application, with a three-month extension available upon request.
• Disposal of Application: The Controller pronounces the final decision and disposes of the application no later than three months of receiving the last response to the first statement of objections or termination of the time limit for placing the application for grant, whichever comes earlier.

On a regular basis, it may take almost 3 years for the IPO to conclude the examination of an application, issue the examination report, and release it. Thanks to Rule 24 C, now an acceleration of the patent application is likely by allotting it to a queue distinct from the regular examination queue.

Conclusion

To sum up, expedited patent registration in India provides a competitive edge to innovators seeking protection and swift safeguards for their innovations. Through the Patent Prosecution Highway (PPH) system and the provisions under Rule 24 C, the wait time for conferment is greatly reduced. The end result is an expedited commercialization and consolidation of the brand positioning in an unpredictable marketplace. Proper evaluation of the eligibility requirements is paramount in order to obtain the full value of that expedited process, leading to faster patent grants.

At Kanakkupillai, we handle expedited requests for examination, and our experts in patent prosecution practice provide strategic legal support for patent or registered design protection, ensuring a smooth filing experience.