Expedite Patent Filing Process in India
Expedite Patent Filing Process in India
A patent grants legal ownership of your invention and offers exclusive rights to make, use, sell or import. However, the patent filing in India can be time-consuming and disadvantageous for inventions with a short commercial window. The value of an invention might be reduced in the marketplace by the time a patent is granted. To resolve this problem, the Indian Government introduced Rule 24C under Indian Patents Rules, 2003, to request an expedited patent examination. Expedite patent filing process in India involves checking your eligibility, filing a Form 18A, and providing the mandatory documents. This article provides you with complete information regarding expedited patent filing in India.
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An expedited patent filing in India allows applicants to request a faster examination process for their invention. This means your patent application will be reviewed and processed by the Indian Patent Office (IPO) quicker than the standard queue. This option is available to startups, small entities, female inventors, and those filing under specific government affiliations or sectors. If your invention qualifies and you follow the proper procedures, you can secure patent protection much sooner, gaining a competitive advantage in the market.
Eligibility Criteria for Expedited Patent Filing in India
The rule 24C outlines various grounds for an applicant to request an expedited examination. These grounds cover:
- Patent Cooperation Treaty (PCT) Filings: Applicants who designated India as the International Searching Authority (ISA) or elected it as the International Preliminary Examining Authority (IPEA) in a corresponding international application qualify.
- Startups and Small Entities: Recognizing the importance of fostering innovation, the rule extends this benefit to startups and small entities.
- Female Applicants: The rule encourages participation from female inventors by allowing expedited examination for applications filed solely by a female or where at least one applicant is a female.
- Government Affiliation: Applications filed by government departments, institutions established and controlled by the government, or government companies can utilize expedited examination.
- Government-Financed Institutions: Institutions wholly or substantially financed by the government are also eligible.
- Notified Sectors: The Central Government may notify specific sectors deemed critical, allowing applications related to those sectors to benefit from expedited examination.
- Patent Prosecution Highway (PPH): Applicants who received a favourable patentability opinion from a partner office under a PPH agreement can utilise expedited examination in India.
Learn about Expedited trademark registration in India
Documents required for Expedite Patent filing Process in India
You need to use Form 18A to request an expedited examination for a patent application. The documents required for filing a Form 18A vary depending on the grounds for eligibility. Here’s a breakdown of the mandatory documents needed for each qualifying scenario:
a. PCT International Phase
- Relevant ISA Number: If India was designated as the International Searching Authority (ISA) in the corresponding international application, you must submit the ISA number issued by the Indian Patent Office (IPO) as ISA.
- Relevant IPEA Number: If India was elected as the International Preliminary Examining Authority (IPEA) in the corresponding international application, you must provide the IPEA number issued by the IPO as IPEA.
b. Startup
- Indian Applicant:
- ‘Certificate of recognition as a startup’ issued by the Department for Promotion of Industry and Internal Trade (DPIIT).
- Foreign Entity:
- Any official document proves your status as a startup according to your country’s regulations.
c. Small Entity
- Indian Applicant:
- Evidence for the registration under the Micro, Small and Medium Enterprises Act, 2006 (27 of 2006).
- Foreign Entity:
- Any official document proves your status as a small entity according to your country’s regulations.
d. Female Applicant(s)
- Indian Applicant:
- Photo identification card (e.g., passport, driver’s license, voter ID) issued by a competent authority for the female applicant(s).
- Foreign Applicant:
- Photo identification card (issued by a competent authority) for the female applicant(s).
e. Government Department
- Indian Applicant:
- Any official document that demonstrably proves your affiliation as a government department.
- Foreign Applicant:
- Any official document that demonstrably proves your affiliation as a government department.
f. Government Established Institution
- Indian Applicant:
- Any official document proves your status as an institution established by a Central, Provincial, or State Act and owned or controlled by the Government.
- Foreign Applicant:
- Any official document proves your status as an institution established and controlled by your country’s government.
g. Government Company
- Indian Applicant:
- Any official document proves your status as a company defined under the clause (45) of section 2 of the Companies Act, 2013 (18 of 2013).
- Foreign Applicant:
- Any official document that demonstrably proves your status as a government company according to your country’s regulations.
h. Government-Financed Institution
- Indian Applicant:
- Any official document proves your status as an institution wholly or substantially financed by the Government.
- Foreign Applicant:
- Any official document proves your status as an institution wholly or substantially financed by your country’s government.
i. Notified Sector
- Government Notification: A copy of the notification issued by the Central Government specifying the relevant sector.
- Additional Documents: Any other documents that the Controller might require of the IPO.
j. Patent Prosecution Highway (PPH)
- Declarations: Submit any declarations mandated by the Controller of the IPO.
- Supporting Documents: Provide any documents the Controller requires to verify your eligibility under the PPH agreement between the Indian Patent Office and a foreign Patent Office.
Also read: Documents required for Patent registration in India
Procedure for Expedite Patent Filing Process in India
Below, we have provided the brief procedure for expedite patent filing in India outlined in Rule 24C.
- Form and Fee: Applicants must file a request in Form 18A electronically, along with the prescribed fee.
- Conversion from Regular Examination: Existing requests for examination under the regular process can be converted to expedited requests by paying the relevant fees and submitting the necessary documents.
- Publication Requirement: Except for already published applications, a request for expedited examination must be accompanied by a request for early publication.
- Non-Compliance: Requests that do not adhere to the rule’s requirements will be processed under the regular examination route while informing the applicant.
Here’s the Form 18A for your reference,
Form_18ALearn about how to file a patent in India
Expedite Patent Filing Process Timeline
There is a specific timeline for an expedited patent examination, which we have discussed below,
- Examination Report: The examiner must issue a first examination report within one to two months of receiving the application.
- Controller’s Decision: The Controller has one month to review the examiner’s report and decide.
- Statement of Objections: The applicant receives the first statement of objections within 15 days of the Controller’s decision on the report.
- Response: The applicant’s reply to the objections is processed based on the order of receipt.
- Grant Timeline: Applicants have six months to address objections and prepare the application for grant, with a possible three-month extension upon request.
- Final Decision: The Controller issues a final decision within three months of receiving the last reply or the expiry of the time limit for submitting the grant application (whichever comes first).
Conclusion
In conclusion, expedited patent filing in India offers a valuable tool for inventors with time-sensitive inventions. By meeting the eligibility criteria and following the outlined procedures, applicants can secure patent protection faster, gaining a competitive advantage in the marketplace. Consulting an IndiaFilings Patent experts ensures a smooth and successful expedited filing experience.
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