A Request for Examination (RFE) in India is the formal request that triggers examination of a patent application by the Indian Patent Office. Under Section 11B of the Patents Act, 1970, examination does not occur automatically; the applicant or any interested person must file a Request for Examination within the time prescribed under Rule 24B of the Patents Rules, 2003. If the request is not filed within the statutory deadline, the patent application is treated as withdrawn by operation of law.
The Patents (Amendment) Rules, 2024, effective 15 March 2024, reduced the request for examination deadline from 48 months to 31 months for newly applicable filings, creating a transitional two-track framework depending on the filing date of the application.
This guide explains the Request for Examination procedure in India, including the statutory timelines for direct and PCT national phase applications, the correct forms and official fees, the impact of the 31-month rule introduced in 2024, and the limited condonation options available if the request for examination deadline is missed. For the full examination lifecycle after the Office processes the request for examination, see Patent Examination in India: Procedure, Timelines and Key Deadlines.
1. Statutory Basis: Section 11B and Rule 24B Under Indian Patent Law
Section 11B(1) of the Patents Act 1970 provides that no application shall be examined unless the applicant or any interested person makes a request for examination within the prescribed period. Section 11B(4) provides that where no such request is made, the application is treated as withdrawn.
Rule 24B determines the applicable track by reference to the Indian filing date, that is, the date of filing at the Indian Patent Office or the PCT national phase entry date in India. The international priority date is not determinative.
- Rule 24B(1)(i): Applications filed in India on or after 15 March 2024 must file the request for examination within 31 months from the date of filing or earliest priority date, whichever is earlier.
- Rule 24B(1)(vi): Applications filed in India before 15 March 2024 remain subject to the earlier 48-month deadline under the prior framework.
2. Calculating the Request for Examination Deadline in India: Direct Filings and PCT Applications
For a Paris Convention direct application, the deadline for filing the request for examination in India runs from the earliest priority date. For an ordinary application without priority, it runs from the Indian filing date.
| Filing Type | Filed On or After 15 Mar 2024 | Filed Before 15 Mar 2024 | Deadline Reference Date |
| Ordinary application (no priority) | 31 months from Indian filing date | 48 months from Indian filing date | Indian filing date |
| Paris Convention (priority claimed) | 31 months from earliest priority date | 48 months from earliest priority date | Earliest priority date |
| PCT national phase entry | 31 months from earliest priority date | 48 months from earliest priority date | Earliest priority date |
| Worked Example: Calculating the Request for Examination Deadline |
| Scenario A — PCT application, 31-month track: Priority date: 1 June 2023. Indian national phase entry: 20 September 2024 (after the 15 March 2024 cutoff, so the 31-month track applies under Rule 24B(1)(i)). RFE deadline: 31 months from 1 June 2023 = 1 January 2026. The national phase entry date, not the priority date, determines the applicable track. |
| Scenario B– PCT application, 48-month track: Priority date: 1 June 2022. Indian national phase entry: 10 January 2024 (before the 15 March 2024 cutoff, so the 48-month track applies under Rule 24B(1)(vi)). RFE deadline: 48 months from 1 June 2022 = 1 June 2026. A docketing system applying the 31-month track to this application would calculate a deadline 17 months too early. |
2.1 PCT National Phase Applications: The 31-Month Convergence
For PCT national phase applications entered in India on or after 15 March 2024, the national phase entry deadline and the examination request deadline now expire at the same moment: 31 months from the earliest priority date. Under the pre-2024 framework, applicants entering at the 30-month mark had an 18-month buffer to file the request for examination. The 2024 amendment eliminates that buffer for applicable filings. Practitioners should now docket national phase entry and Form 18 filing as a single coordinated deadline, with Form 18 commonly filed simultaneously with the national phase entry documents.
For PCT national phase entry requirements and documentation, see PCT National Phase Entry in India: 31-Month Deadline, Request for Examination and Filing Guide. For official India-specific national phase requirements, consult the WIPO eGuide for India.
3. Form 18 and Form 18A: Filing the Request for Examination in India
3.1 Form 18 — Standard Request for Examination
Form 18 is the statutory form for a standard request for examination under Rule 24B(1), filed through the Indian Patent Office’s online system at ipindia.gov.in. The applicant or any interested person may file it. Where a patent agent is newly appointed for Indian prosecution, Form 26 (Power of Attorney) must be on record before examination commences. In practice, applicants file Form 26 at national phase entry or original application stage, not as a separate step at the examination stage.
3.2 Form 18A — Request for Expedited Examination
Form 18A is the statutory form for a request for expedited examination under Rule 24C(1), available to eligible categories including startups, small entities, female inventors, government undertakings, PCT applicants who designated India as ISA or IPEA, and PPH applicants. For the full eligibility framework, documentation requirements, and strategic timing guidance, see Expedited Patent Examination in India: Eligibility, Procedure and Fees.
Applicants can convert an existing Form 18 to Form 18A on payment of the conversion fee differential. For eligibility detail, strategic timing, and the full procedure, see Expedited Patent Examination in India: Eligibility, Procedure and Fees.
4. Official RFE Fees in India by Entity Classification
All fees are prescribed under the First Schedule of the Patents Rules 2003 for e-filing. Physical filing attracts a higher schedule. Entity classification at the time of filing must match the classification declared on the original application.
| Form / Application Type | Natural Person / Startup / Small Entity / Educational Institution | Large Entity | Notes |
| Form 18– direct/ordinary application | INR 4,000 | INR 20,000 | Payable at filing. |
| Form 18 — PCT national phase | INR 5,600 | INR 28,000 | Higher fee for national phase entry. |
| Form 18A — expedited (any type) | INR 8,000 | INR 60,000 | Expedited queue. |
| Conversion: Form 18 to Form 18A | INR 4,000 | INR 40,000 | Rule 24C(6) — fee differential only. |
| Form 4 — Rule 138 extension (per month, up to 6 months) | INR 10,000 | INR 50,000 | File within 6 months after the 31-month deadline. Rule 138, First Schedule. |
| Entity Classification — Foreign Applicants |
| Foreign corporate applicants are classified as large entities unless they qualify as a startup or small entity under Indian statutory definitions. Incorrect classification results in a fee deficiency notice and examination queue delay. |
Estimate official fees across the full prosecution lifecycle using the Patent Fee Calculator.
5. The Request for Examination Deadline: Rule 137, Rule 138 and What Happens If It Expires
Rules 137 and 138 serve distinct functions and both bear on the request for examination deadline. Rule 137 is a condonation power: it operates retrospectively, after a request for examination deadline or other prescribed period has passed. Rule 137(2)(iv), inserted by the 2024 amendment, expressly excludes Rule 24B(1) from its scope. Retrospective condonation of a missed request for examination deadline is therefore unavailable.
Rule 138 is a condonation and extension power that carries no exclusion list. Under the 2024 amendment, Rule 138 permits the Controller to condone a delay in filing the request for examination or extend any rule-prescribed period by up to six months on a Form 4 request. Critically, that request may be filed after the original 31-month deadline has passed, provided it is filed within six months of that deadline. The request may be made any number of times within that six-month window. If the Controller grants the request, Section 11B(4) is not triggered.
Rule 137(2)(iv) expressly excludes Rule 24B(1) from the Rule 137 correction power, so that route is unavailable. Rule 138 provides the only remaining remedy: a Form 4 application within six months of the missed deadline. Once that six-month Rule 138 window closes without a Form 4, no statutory remedy exists.
| What ‘Treated as Withdrawn’ Means in Practice |
| The application remains on the IPO database and InPASS with status ‘Withdrawn’ — it is not expunged. Publication under Section 11A proceeds independently. Once published, the withdrawn application is prior art and can be cited against subsequent filings. There is no mechanism to refile with the original priority date. A new application receives a new filing date; all intervening disclosures become prior art against it. A withdrawn application can be cited by third parties in opposition proceedings against related family members. |
| Case Law: The Request for Examination Deadline Before and After the 2024 Amendment |
| Sphaera Pharma Pte. Ltd. & Anr. v. Union of India (Delhi High Court): Under the pre-2024 rules, the RFE deadline was absolute and Rule 138 as it then stood provided no relief even for technical filing errors. The core lesson remains operative under the amended rules: the request for examination deadline must be addressed before it expires. Nippon Steel Corporation v. Union of India (Delhi High Court, 2011): The Section 11B time limits are mandatory, not directory. Once the deadline passes without a timely Form 4, no relaxation is available under any provision of the Patents Act or Rules. |
The practical instruction is therefore: file the request for examination well ahead of the deadline, ideally at national phase entry. Where the request for examination deadline is missed, file Form 4 under Rule 138 as early as possible within the six-month window following the request for examination deadline. Last-minute filing within that window creates unnecessary risk, particularly where system outages on the Patent Office e-filing portal at ipindia.gov.in could prevent upload. Once six months after the original deadline passes without a Form 4, all remedy is exhausted.
6. Pre-Filing Compliance Checklist for the Request for Examination in India
Complete these checks before filing the request for examination in India. Resolving deficiencies at this stage prevents them from surfacing during the six-month FER response window, when the applicant is already under examination pressure.
| Item | Action | Consequence if Missed |
| Entity classification | Confirm status matches original application. Reclassify if the company has restructured or grown beyond startup/small entity thresholds. | Fee deficiency on the RFE; examination queue delay. |
| Form 3 — Section 8 undertaking | Confirm Form 3 filed at prescribed stage. Verify foreign applications filed since last update require disclosure. | Form 3 objection in FER; must be resolved within 6-month response window. |
| Form 26 — Power of Attorney | Confirm Form 26 on record if handled by Indian patent agent. File before examination if agent newly appointed. | Agent cannot act on examination objections without Form 26 on record. |
| Publication status | Confirm whether Section 11A publication has occurred. Consider Form 9 (early publication) if commercially desirable before examination. | No compliance consequence, but affects third-party monitoring strategy. |
7. After Filing the Request for Examination in India: Queue and Confirmation
Once the Patent Office accepts the filed request for examination, the application enters the examination queue and the status updates to ‘RQ Filed’ on InPASS. Under Rule 24B(2)(ii) and Rule 24B(3), the FER is issued within approximately one month of the Controller disposing of the examiner’s report. In practice, the time from the request for examination to FER issuance is currently 12–24 months for standard examination and 1–3 months under Form 18A, depending on technology field and workload.
Filing the request for examination early does not move the application to the front of the standard queue. Examination order follows the RFE filing date within each technology area. For applicants requiring a specific timeline, Form 18A under Rule 24C is the only prescribed mechanism for priority queue placement. For tracking status, see How to Check Your Indian Patent Application Status on InPASS.
8. Common Request for Examination Compliance Mistakes in Indian Patent Prosecution
Track misidentification. The applicable track is determined by the Indian filing date or PCT national phase entry date, not the priority date. An application with a 1 June 2022 priority date entering the Indian national phase on 20 April 2024 is on the 31-month track: request for examination deadline 1 January 2025. A docketing system applying the 48-month track from the priority date calculates 1 June 2026, a 17-month error. In practice, this error surfaces most often in portfolios migrated from legacy systems without a cutover audit. Firms should review all affected applications before they reach their 31-month window.
Treating the 31-month deadline as a hard cut-off with no remedy. Rule 138 permits the Controller to condone a missed request for examination deadline on Form 4, provided the request is filed within six months after the original deadline. Rule 137(2)(iv) excludes Rule 24B(1) from the Rule 137(1) correction power. Rule 138 carries no such exclusion. Docketing systems should therefore flag a secondary deadline six months after the 31-month mark as the outer limit for Form 4 relief under Rule 138.
Docketing the request for examination as a separate post-entry deadline. Under the pre-2024 framework, Form 18 was routinely docketed 18 months after PCT national phase entry. For applications entered in India on or after 15 March 2024, the national phase entry and the request for examination deadline both expire at the same 31-month mark. Firms must update legacy docketing systems to treat national phase entry and Form 18 filing as a single coordinated event.
Incorrect entity classification. Entity classification for the RFE fee must match the original application declaration. Restructuring, acquisition, or growth beyond startup or small entity thresholds between filing and the request for examination date may require reclassification before payment.
| Founder Note: If You Have Filed in India and Have Not Yet Filed a Request for Examination |
| Check your Indian filing date. If it is on or after 15 March 2024, you have 31 months from that date or from your earliest priority date, to file Form 18 and make the request for examination. If it is before 15 March 2024, you have 48 months. Missing this deadline results in permanent withdrawal with no possibility of revival. |
Request for Examination: The Most Critical Deadline in Indian Patent Prosecution
The request for examination is the most consequential filing obligation in Indian patent prosecution after the initial application. The 2024 amendment eliminated the 18-month buffer PCT applicants previously held between national phase entry and the examination request deadline. Where the request for examination deadline is missed, Rule 138 permits condonation on Form 4 filed within six months of the original deadline. Once that six-month window closes, Rule 137(2)(iv) bars all further relief. The application is permanently withdrawn and its published text becomes prior art.
Priority actions for practitioners: confirm the applicable track from the Indian filing date, docket the request for examination concurrently with PCT national phase entry, complete the pre-filing compliance checklist before fee payment, and audit legacy systems for the track-misidentification error. When the FER issues, see First Examination Report in India: Structure, Objections and How to Respond for objection types, response strategy, and Section 59 amendment constraints.
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| Legal Disclaimer |
| This post is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a registered patent or trademark agent. |
Frequently Asked Questions -rfe
For applications filed in India on or after 15 March 2024, including PCT national phase applications, the request for examination must be filed within 31 months from the earliest priority date under Rule 24B(1)(i). Where no priority is claimed, the deadline runs from the Indian filing date. For applications filed before 15 March 2024, the 48-month deadline under Rule 24B(1)(vi) applies.
The application is treated as withdrawn under Section 11B(4). Rule 138 provides a limited remedy: a Form 4 filed within six months of the original deadline may secure condonation. Once that six-month window passes without a Form 4, the withdrawal is permanent with no revival. The application remains on the public register, is published at 18 months regardless, and becomes prior art. It cannot be refiled with the original priority date. Confirmed by the Delhi High Court in Sphaera Pharma Pte. Ltd. v. Union of India and Nippon Steel Corporation v. Union of India.
Rule 137(2)(iv) expressly excludes Rule 24B(1) from the Rule 137(1) correction power. That route is unavailable. However, Rule 138 carries no exclusion list and permits the Controller to condone a missed request for examination deadline on Form 4 filed within six months after the original deadline. The request may be made any number of times within that six-month window. If the Controller grants the request, Section 11B(4) is not triggered. Once six months after the original deadline passes without a Form 4, all remedy is exhausted and the withdrawal is permanent.
They need not be filed on the same day but, for applications entered on or after 15 March 2024, both fall within the same 31-month window from the earliest priority date. Filing the request for examination simultaneously with national phase entry is standard practice and eliminates the risk of missing the request for examination deadline during the administrative period following entry.
Under Section 11B(1), the request for examination may be filed by the applicant or any interested person. An interested person must indicate the nature of their interest. Where a third party makes the request, the Patent Office notifies the applicant and the application proceeds to examination normally.
Form 18 is the statutory form for a standard request for examination under Rule 24B, available to all applicants. Form 18A is the form for a request for expedited examination under Rule 24C, available only to eligible categories including startups, small entities, female inventors, government undertakings, and PPH applicants. Form 18A carries a higher fee and places the application in the expedited queue, with FER issuance typically within 1–3 months rather than 12–24 months. For a full comparison and eligibility criteria, see Expedited Patent Examination in India: Eligibility, Procedure and Fees
For standard examination, an earlier request for examination improves the application’s relative queue position within its technology field but does not guarantee faster examination in absolute terms. For applicants with specific commercial timelines, Form 18A under Rule 24C is the only prescribed mechanism for priority queue placement.
Form 3 is not filed simultaneously with the request for examination. However, the Rule 12(2) obligation to file or update Form 3 within three months of FER issuance makes it important to verify Form 3 compliance before filing the request for examination. A deficiency discovered in the FER, when the applicant is already under the six-month FER response clock, is an avoidable complication.