In today’s fast moving world, everyone’s having great ideas which they bring to reality and call it an invention but the value of that idea is linked to how fast it can be protected and commercialized. If you are an inventor, startup or a company, getting your idea patented is not just legally a breakthrough but a great strategic business move. But you might have a question, how can we speed up the process because that’s the major concern of an applicant because patent examination process in India is literally time consuming.
Generally, filed patent applications in India take several years to go through a standard examination protocol before the grant of the patent. This can hinder the business strategies especially in industries where technology evolves rapidly. So, to overcome this problem, the Indian Patent Office introduced Expedited Patent Examination which is also known as Fast Track Patent Examination in India which allows eligible applicants to speed up the examination process and getting their invention protected in months rather than in years.
This blog provides comprehensive information regarding the eligibility, step by step process, costing, and strategic insights to how to get patent fast in India.
Normal vs. Fast Track Route: A Comparative Analysis
Under the normal or standard route, applicants file a Request for Examination using Form 18 and enters a queue which examines the application in order of filing. As there are number of applications waiting already before your filing and examination resources are limited at Patent office, this take a quite long time. And then what happens is, First Examination Report (FER) is issued nearly between 2-5 years. During this course of time, the inventions remains uncertain with no enforceable rights granted which can impact the licencing opportunities as some potential investors often prefer patented or close to grant inventions.
Whereas, the Fast Track Route or you can say expedited route cut down this time period by filing Form 18A through which you can request for priority examination. As you filed your application with form 18A, you get placed in ‘priority queue’ and First Examination Report (FER) for your patent application is issued in months which significantly reduce uncertainty and speed up further research investments.
Brief understanding of Form 18A: Eligibility for filing Form 18A in India
Now, it is really important to understand who can fill the Form 18A in India because not everyone can skip the line. There are some specific criteria given by Indian Patent Rules to maintain fair system by limiting it to certain categories of applicants, which are:
- Startups: If you are a startup, then you’ll be recognized by the Department for Promotion of Industry and Internal Trade (DPIIT) and you can secure your rights at accelerated pace. This is beneficial for the companies who have just started their business and wants to attract investors and create great market presence.
- Small entities: If you are a small entity or a business registered under the MSME act and have valid Udyam Registration certificate then you can also speed up your application process.
- Natural Person (Female): To support women in STEM fields, IP India allows expedited filing if at least one of the inventor is female. She should be an owner or co-owner.
- Government bodies: Any government institutions, department or company owned by the government are eligible.
- Educational Institutions: Recognized schools, universities, and research institutions (like IITs, NITs, or CSIR labs) can now use Fast Track Patent Examination India. This helps academic research reach the commercial market faster.
- International Route: If you filed an international PCT application and specifically chose the Indian Patent Office as your International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA), you are automatically eligible for the fast track in the Indian National Phase.
- Patent Prosecution Highway (PPH): Under bilateral agreements, such as the India-Japan PPH pilot, if your patent claims have already been found “allowable” by a partner foreign office, the Indian office will expedite your case to match that status.
Detailed Process of How to Expedite Patent Examination in India
Here’s step by step process to how to get faster examination in India:
- File your complete or provisional specification with Indian Patent Office, which includes complete detailed description of your invention. A well drafted specification should clearly define the scope, novelty and inventive step of the invention which is crucial to avoid objections during examination.
- Once application is filed, File early publication (Form 9) to request for early publication of your application otherwise the examination would not start. By filing the form, you bring down publication time from 18 months to within 1 month.
- Then check for your eligibility, whether you meet the any of the mentioned criteria for expedited examination in India. If yes, then gather relevant documentation like MSME certificate or proof of entity status.
- Now, fill in the form 18A, that means you are requesting for expedited examination. This form should be provided with supporting documents and prescribed fee.
- Once filed you enter ‘Priority Queue’, through which the controller would refer your application to the examiner immediately leading to faster issuance of First Examination Report.
- Then at this stage, the applicant or patent agent, must respond effectively to all the objections raised by Indian Patent Office because any delays would result in undermining of the benefits of fast tracking.
- Once all the objections are resolved and application meets all the requirements of the patentability, the patent is granted, in shorter period of time as compared to standard route.
Time taken by Expedited vs. Normal Application
Why do applicants opt for expedited examination, it’s because there’s significant difference in the timeline it offers. You can check for the time taken for patent examination in India through expedited vs. normal route in the table below:
| Process Stage | Normal Route (Form 18) | Expedited Route (Form 18A) |
|---|---|---|
| First Examination Report (FER) | 12 to 30 months | 1 to 3 Months |
| Final Disposal (Grant/Refusal) | 3 to 5 Years | 8 to 12 Months |
Cost of Expedited vs. Normal Examination in India
Talking about how cutting down the time frame from 3 years to a year is highly beneficial, you should also consider the cost for the expedited patent examination in India. This includes higher official fees compared to standard route, but the returns gained may be more than what is required. For example, with fast patenting, the benefits gained include early commercialization, the ability to license the invention, and enforce the patent, all of which bring in revenue. The applicant, thus, must consider this fee as an investment.
| Applicant Category | Normal Examination Fee (Form 18) | Expedited Examination Fee (Form 18 A) |
|---|---|---|
| Natural Person (Individual)/ Startup/ Small entity | ₹4,000 | ₹8,000 |
| Large entity (Others) | ₹20,000 | ₹60,000 |
Special Focus: Startup Patent Fast Track India Benefits
India’s Startup patent fast track initiative is a notable move in the enhancement of domestic innovation. Startups operate in a highly competitive and resource-constrained environment. Time is of essence to these entities for their continued existence. The accelerated examination process makes it possible for startups to get intellectual property protection while still in their early development phases. Promptness in issuing patent rights increases their credibility and significantly increases investors’ level of attraction towards them. Venture capitalists and funding bodies look at patents as a measurement of their technological strength and outlook.
Finally, filing patents at an early stage provides startups with a higher level of confidence while entering licensing agreements, collaborations, and strategic partnerships. This also eliminates conflicts related to infringement, since the scope of protection is ascertained earlier. Government programs also help start-ups through provision of reduced fees and assistance services, making Fast Track Patent Examination India a vital resource for start-up firms.
Conclusion:
Applications under the Expedited Route in India is quite different now compared to before because of the new process called Expedited Patent Examination. This is a tool that can help the inventor to go from idea stage to patent stage in no time. Nevertheless, filing patents in this manner is not all about being fast. It also entails strategy. As such, applicants need to consider their eligibility and finances among others before pursuing this route. Filing Form 18A patent in India without preparation can have negative consequences.
Those who make use of this facility will surely benefit from it greatly. No matter whether you are a start-up seeking funds, a scientist who seeks early publication, or a business entity that is keen on maintaining its competitiveness, learning “How to expedite patent in India” will prove to be very advantageous.
The key is to choose the right time and take the necessary steps to expedite your application so that you will get what you need before long. To ensure a smooth and seamless process, consider reaching out to Intellect Bastion for expert guidance and end to end support of your patent journey.
Frequently Asked Questions
1. When is the appropriate time to file for expedited examination in India?
You can file the request for expedited examination with filing of your patent application. Ideally, you can file it any time during or after filing the application but it should be filed before the normal request for examination deadline expires which is 31 months from the priority or first filing date.
2. How much time is saved by applying through expedited patent examination?
It can reduce the time from 2 – 5 years to straight 1- 3 months for issuance of First Examination Report, and then final disposal (grant/ refusal) may happen within 8-12 months.
3. Can we convert normal examination request into expedited examination request later?
Yes, converting a normal examination case to expedited examination is possible through Form 18A and payment of the prescribed conversion fee (INR 4,000 if an individual, startup, or small entity; INR 40,000 in all other cases). This can be done only if the applicant is in one of the categories eligible for such conversion and the process of normal examination has not already begun.
4. Does fast track examination needs an early publication?
Yes, an early publication (Form 9) is really important as patent application must be published before examination can actually begin.
5. What will happen if I fail to respond immediately during an expedited examination?
If not replied to on time, the application can lose its expedited status and will have to undergo the regular examination procedure. Non-compliance with the set deadline could result in the application being deemed as abandoned by the Indian Patent Office.
6. Is the higher cost incurred by fast-track patent application worthwhile?
Absolutely, in most cases. It is a sound business strategy because the earlier issuance of patent rights leads to early product launch, investor assurance, and competitive advantage.
7. Does an expedited examination guarantee the issuance of a patent?
No, the examination is only sped up by expedited examination. The application must still meet all the criteria of patentability such as novelty, inventiveness, and industrial applicability.
8. Can there be any other advantage that companies can gain from besides quick examination?
Certainly, companies benefit from accelerated patents in terms of reduced costs, governmental funding, and greater confidence among investors.
9. Is expedited examination available for foreign applicants in India?
Certainly, foreign applicants are eligible for the process of expedited examination if they satisfy certain requirements, such as applying through PCT channelling India as ISA/IPEA or PPH program.
YASHIKA KORANGA
Patent Associate at Intellect Bastion
