Patent rights have always played an important role in driving innovation around the world. The Patent Rules were amended in 2016 with the sole purpose to keep pace with the global standards for granting a patent. Pursuant to the amendment of the Patent Rulesa provision of expedited examination was introduced for an applicant who indicated India as a competent Indian Search Authority (ISA) or International Preliminary Examination Authority (IPEA), or is a start-up.
Express/ Expedited Patent Examination- India
After filing a patent application, the request for examination is required to be filed with the Indian Patent Office, in order to put an application for the examination. The request for examination of a patent application can be filed by applicant or any person interested within 48 months from the earliest priority date of the first mentioned patent application on payment of the prescribed official fee.
When to apply for Express Patent examination?
In India, applications are examined in the order of the filing of request for examination. Therefore, a request for examination of a patent shall be filed soon as possible. Also even if the Request for Examination is filed before publication of the application, it is taken up for examination only after publication. Therefore, in many cases specifically ordinary applications filed with the Indian Patent Office, a Request for early publication on Form 9 shall also be filed so that Indian Patent Office can take up the application for examination as soon the application is published in case the applicant wants his application to be taken up by the patent office early for the purpose of examination. Normally, as per Section 11A(1) read with Rule 24, a patent application gets published after 18 months from the earliest priority date as per the provision of Section 11A(1) of Indian Patents Act, 1970 read with Rule 24 of Patents Rules, 2003, however, if a request for early publication is filed under Rule 24A and on Form 9 then the application is published within one month of making such request. Hence, request for expedited examination may be filed after the patent application is published as a consequence of an early publication request or ordinary publication (publication after 18 months from date of priority).
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