It is long since October 15th, 2013, that India
started to work as International Search Authority (ISA) and
International Preliminary Examining Authority (IPEA). Agreement
between the Indian Patent Office (IPO) and the International Bureau
(IB) of the World Intellectual Property Organization (WIPO) in
respect of the same can be accessed here. With the introduction of Patent
(Amendment) Rules, 2016, that took effect from May 16, 2016, India
has brought in provision for Expedited Examination of Patent
applications for which request may be made on any of the following
that India has been indicated as the
competent ISA or elected as an IPEA in the corresponding
international application; or
that the applicant is a startup.
So as to better understand the eligibility to request for
expedited examination, it is important to understand which states
can choose India as competent ISA and IPEA. In the above referred
agreement, article 3 that deals with Competence of Authority makes
it clear that the India shall act as ISA and IPEA for any
international application filed with the receiving Office of, or
acting for, any Contracting State specified in Annex A provided
other requirements are fulfilled. Annex A states that India; and
any State that the India will specify can choose India as competent
ISA and IPEA. As India has not specified any other state than India
that can choose India as ISA and IPEA, as on now India is the only
state with the receiving Office of, or acting for which
international application may be filed in order to select India as
competent ISA and IPEA.
So as per the existing scenario, for Indian Applicants, any of
the Austrian Patent Office (AT), Australian Patent Office (AU),
European Patent Office (EP), China Intellectual Property Office
(CN), United States Patent & Trademark Office (US), Swedish
Patent Office (SE) and India (IN) can be chosen as competent ISAs
and IPEAs but India can be chosen as ISA and IPEA only for
international applications filed with the receiving Office of, or
acting for India.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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