Who can apply for expedited patent examination in India?

There are two types of applicants who can request expedited patent examination:

1. New businesses or startups

2. Applicants (filing national phase applications) who have inclluded India as a country in their PCT application:

ISA (International Searching Authority) or

• International Preliminary Examining Authority (IPEA)

The expedited examination is only available to these two types of applicants. As a result, selecting India as an ISA can help to expedite the grant process.

• Procedure for expediting patent examination filing

A request for expedited examination must be accompanied by a request for publication, according to Rule 24C (3) of the Patent (Amendment) Rules, 2016, unless the application has already been published or the request for publication has already been filed.

As a result, in order to file a request for expedited examination, the application must have been published, or a request for publication must have been filed, or it can be filed in conjunction with the expedited examination request.

A request for expedited examination can also be made at the start of a later stage. Thus, by paying the required fee, an ordinary examination request can be converted into an expedited examination request.