The Indian Patent Rules provide a mechanism for eligible applicants to accelerate examination of their patent applications through an expedited examination process. This enables faster grant and, in turn, quicker commercialisation and stronger market positioning, especially valuable in competitive or fast-moving technology sectors.
What Is Expedited Examination?
Under the Indian Patent Rules, an applicant can seek expedited examination by filing Form 18A electronically, within the prescribed time under Rule 24B, and by paying the applicable fee specified in the First Schedule. Unlike a normal request for examination filed on Form 18, an expedited examination request moves the application into a fast-track queue, subject to specific eligibility conditions.
Unlike a normal request for examination, an expedited examination request moves the application into a fast-track queue, subject to specific eligibility conditions.
Expedited examination is not simply a faster version of the standard process. It is a distinct, structured fast-track mechanism with defined timelines, available to eligible applicants who file the right form, pay the required fee, and meet at least one qualifying condition.
Who Can Apply for Expedited Examination?
An expedited examination is not available to every applicant by default. It can be requested only if at least one qualifying condition is met. Broadly, eligibility covers:
International phase linkage
- India is indicated as the International Searching Authority (ISA), or
- India is elected as the International Preliminary Examining Authority (IPEA) in a corresponding international (PCT) application.
Startups, small entities and female applicants
- Startups and small entities are specifically eligible.
- Female applicants are eligible, and in case of joint applicants, at least one must be a female.
Government-linked bodies
- Government departments,
- Institutions established by Central, State or Provincial Acts that are government-controlled or financed, and
- Government companies under the Companies Act, 2013.
Notified sectors and international work-sharing programmes
- Any specific sectors notified by the Central Government for expedited examination, after inviting public comments.
- Applicants who qualify under a bilateral or multilateral agreement between the Indian Patent Office and a foreign patent office for fast-track processing (for example, work-sharing or patent prosecution highway-style arrangements).
Loss of startup or small entity status does not disqualify
- If a startup or small entity loses its status after filing a request for expedited examination, it remains eligible for the expedited process for that application. Loss of status after filing does not disqualify the already submitted request.
Converting a Regular Request to Expedited Examination
- An applicant who has already filed a normal request for examination (Form 18) is not locked into the standard route. A conversion is possible:
- A request for examination (Form 18) can be converted into a request for expedited examination (Form 18A) by:
- paying the fee difference prescribed, and
- submitting the required supporting documents demonstrating eligibility.
- If the application has not yet been published, a request for early publication under Rule 24A must accompany the request for expedited examination. Publication is a prerequisite for examination, so both must be aligned.
Timelines Under Expedited Examination
Once the Patent Office accepts the request for expedited examination, the application moves through a compressed set of statutory timelines. The table below sets out each stage and the generally/tentatively followed time frame.
| Stage | Timeline | Notes |
| Reference to Examiner | Immediate on acceptance | The Controller refers the application to an examiner upon accepting the expedited examination request. |
| Examiner’s Report | 1 to 2 months | The examiner must submit the examination report within 1 to 2 months of the reference. |
| Controller’s Disposal | Within 1 month | The Controller considers the examination report and disposes of it within one month of receiving it. |
| First Examination Report | Within 15 days | The First Examination Report (FER) is issued within fifteen days of the Controller’s disposal. |
| Applicant’s Response | 6 months from FER | The applicant must respond to the FER and put the application in order for grant within six months. Extendable by three months on request. |
| Decision on Grant | Within 3 months | The Controller aims to decide on grant within three months from receipt of the final reply or the last date for compliance, whichever is earlier. |
Pre-grant opposition can affect the timeline
The three-month decision target for grant does not apply where there is a pre-grant opposition. If a third party files a pre-grant opposition during the expedited examination process, the opposition proceedings can extend the overall time to grant beyond the fast-track timelines.
Strategic Advantages of Expedited Examination
When used thoughtfully, expedited examination offers tangible benefits to innovators and businesses:
- Faster grant of rights
Accelerated timelines mean patents may proceed to grant significantly earlier than under the normal queue, which can be critical in fast-moving markets.
- Quicker commercialisation
A granted patent often unlocks opportunities for licensing, fundraising, collaborations and enforcement, giving businesses a stronger negotiation position.
- Better market positioning
Early grants can help in signalling strength to competitors, deterring copycats, and aligning IP timelines more closely with product launches and go-to-market plans.
Practical Checklist: Using Expedited Examination
The following steps reflect the minimum required to file and maintain a valid request for expedited examination.
- Confirm eligibility before filing. At least one qualifying condition must be met. Identify the applicable ground and gather the supporting documentation required to demonstrate it.
- File Form 18A electronically within the prescribed time under Rule 24B. Paper filing is not available for expedited examination requests.
- Pay the applicable fee specified in the First Schedule. If converting from a standard request on Form 18, pay the fee difference and submit the eligibility documentation.
- If the application has not yet been published, file a request for early publication under Rule 24A at the same time as the Form 18A. Do not submit the expedited examination request without aligning the publication status.
- Prepare to respond to the First Examination Report within six months. The FER response deadline under expedited examination is firm. Build the response into your patent prosecution calendar from the moment the FER issues.
- Note the pre-grant opposition risk. If a third party is likely to oppose your application, factor the possibility of extended timelines into your commercialisation planning.
Conclusion
The expedited examination mechanism under the Indian Patent Rules is a practical, powerful tool for applicants who qualify startups, small entities, eligible female applicants, government-linked entities, ISA/IPEA-linked filings, and applicants covered by notified sectors or international fast-track programmes.
By filing Form 18A within the prescribed time, paying the applicable fee, and ensuring early publication where needed, applicants can substantially shorten the time to grant. Used strategically, this fast-track route can align patent timelines with business goals, enabling quicker commercialisation, stronger market positioning, and better return on innovation in the Indian market.
Governing Law
Patents Act, 1970 | Patent Rules, 2003: Rule 24B | Rule 24A | Form 18A | Form 18 | First Schedule (fee provisions)
