Expedited patent examination in India is a fast track mechanism that allows eligible applicants to request priority examination of a patent application instead of waiting in the regular examination queue. The request is filed using Form 18A under Rule 24C of the Patents Rules, and when validly submitted, the application is examined through a separate expedited channel at the Indian Patent Office.
In appropriate cases, expedited examination can reduce the time required to receive the First Examination Report (FER) compared to the standard route. However, eligibility is restricted to specific categories of applicants, and the overall grant timeline continues to depend on prosecution strategy, drafting quality, and response management. Therefore, confirming eligibility and understanding the commercial objective behind seeking fast track examination is essential before opting for this route.
What Is Expedited Patent Examination Under Rule 24C?
Expedited patent examination is a statutory mechanism introduced under Rule 24C of the Patents Rules, 2003 (as amended). It allows an eligible applicant to request that a patent application be examined on priority instead of entering the standard examination queue.
Under the normal process, once a request for examination (Form 18) is filed, the application is placed in a general queue and examined in chronological order. In contrast, when a valid request for expedited examination (Form 18A) is filed, the application is placed in a separate expedited queue, where the Controller refers the application to an examiner on a priority basis.
How the Process Differs: Normal vs Expedited Examination
| Aspect | Normal Examination (Form 18) | Expedited Examination (Form 18A) |
|---|---|---|
| Governing Rule | Rule 24B | Rule 24C |
| Queue | Standard chronological queue | Separate priority queue |
| Eligibility | Available to all applicants | Restricted to specified categories |
| Time to First Examination Report (FER) | Depends on backlog and queue position | Generally earlier than normal queue |
| Conversion Option | — | Form 18 can be converted to Form 18A (subject to eligibility and fee) |
The key distinction is not merely procedural—it is structural. Expedited applications are processed through a different administrative channel within the Patent Office. However, expedited examination does not guarantee grant within a fixed number of months. The overall timeline continues to depend on:
- Completeness of documentation
- Compliance with publication requirements
- Quality of drafting
- Timely and substantive response to examination objections
Therefore, expedited examination accelerates examination priority, not the substantive legal scrutiny of the invention.
Who Is Eligible for Expedited Patent Examination in India?
Expedited patent examination under Rule 24C is not available to all applicants. The request using Form 18A can be filed only by specific categories of applicants as prescribed under the Patents Rules (as amended).
As of the latest amendments, the following categories are eligible to request expedited examination:
1. Startup Applicants
An applicant recognized as a Startup under the relevant Government of India notification can request expedited examination. Recognition must be valid on the date of filing Form 18A.
2. Small Entity Applicants
Applicants qualifying as a Small Entity under the Patents Rules may also request expedited examination, subject to submission of the prescribed declaration.
3. Female Applicants
Where the applicant is a natural person who is a female, expedited examination can be requested.
4. Government Applicants
The following entities are eligible:
- Government of India
- State Government
- Government company
- Institution wholly or substantially financed by the Government
5. Applicants Filing Through the PCT Route with India as ISA or IPEA
An applicant who has filed a corresponding PCT application and has selected India as the International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA) can request expedited examination upon entering the national phase in India.
6. Applicants Covered Under Bilateral or Special Arrangements
Where an applicant is eligible under specific agreements or arrangements notified by the Government of India, expedited examination may be permitted.
Important Practical Notes
- Eligibility must exist on the date of filing the expedited request.
- Supporting documents or declarations must accompany the request.
- Incorrect eligibility claims can result in rejection of the expedited request and loss of priority queue position.
Expedited examination is therefore a privilege-based mechanism, not a universal right. Determining the correct applicant category at the filing stage is essential to avoid procedural setbacks.
Procedure for Filing Expedited Patent Examination in India
From a practical standpoint, expedited examination works smoothly only when timing and documentation are handled correctly. In our experience, most delays arise not because the mechanism fails, but because eligibility or publication requirements are overlooked.
1. Confirm Eligibility Before Filing Form 18A
Before anything is filed, eligibility must be examined carefully. The applicant category on the date of filing Form 18A determines whether the request will be accepted. If eligibility is incorrectly claimed, the Patent Office can refuse the expedited request and the application loses priority queue positioning.
It is important to verify whether the applicant qualifies as a startup, small entity, female applicant, government applicant, or falls under the relevant PCT category. Supporting declarations should be aligned with the applicant status reflected in the application records.
2. Check Publication Status
An expedited request cannot proceed unless the publication requirement is satisfied. If the application is already published, the request can be filed directly. If not, a request for publication must accompany the expedited request.
In many cases, applicants overlook this requirement. Where the application has not yet been published, a request for early publication must be filed along with the expedited request. Filing Form 18A without addressing publication will result in procedural delay.
If you are unsure about publication timelines or the implications of early publication, you may refer to our detailed guide on early publication of patent applications in India.
3. File Form 18A With Correct Declarations and Fee
Form 18A must be filed with:
- Correct applicant category declaration
- Supporting documentation where required
- Prescribed statutory fee
The request may be filed at the time of filing the patent application or at any time within the examination request period. However, from a strategic standpoint, earlier filing generally improves positioning within the expedited queue.
4. Placement in Expedited Queue
Once accepted, the application is placed in a separate expedited examination channel. The Controller refers the matter to an examiner on priority, and the First Examination Report is issued accordingly.
Although the Rules prescribe indicative timelines, practical issuance of the FER depends on administrative workload and internal allocation within the Patent Office.
5. Responding to the First Examination Report
Expedited examination accelerates examination priority. It does not dilute patentability standards. Substantive scrutiny remains identical to normal examination.
Therefore, the speed of grant ultimately depends on:
- Strength and clarity of the original drafting
- Quality of response to objections
- Timely compliance with procedural requirements
In practice, poorly prepared responses can neutralize the time advantage gained through expedited examination.
Fees for Expedited Patent Examination in India
The government fee for expedited examination is prescribed in the First Schedule to the Patents Rules and is payable at the time of filing Form 18A under Rule 24C.
It is important to select the correct applicant category when filing the request. The Patent Office does not treat applicant category casually. If the fee is paid under an incorrect category or eligibility is not supported properly, the expedited request may be rejected or delayed.
Statutory Fee for Expedited Examination (Form 18A)
| Applicant Category | Statutory Fee (INR) |
|---|---|
| Natural Person / Startup / Small Entity | 8,000 |
| Other than Natural Person / Startup / Small Entity | 60,000 |
The applicant category must correspond to the status reflected in the patent application records. Where startup or small entity status is claimed, supporting declarations must be properly filed.
Fee for Conversion from Ordinary to Expedited Examination
If a request for examination has already been filed under the normal route using Form 18 (Rule 24B), the Patents Rules permit conversion to expedited examination by filing Form 18A and paying the prescribed conversion fee.
Statutory Fee for Conversion to Expedited Examination
| Applicant Category | Statutory Fee (INR) |
|---|---|
| Natural Person / Startup / Small Entity | 4,000 |
| Other than Natural Person / Startup / Small Entity | 40,000 |
Conversion is permitted only if the applicant qualifies under one of the eligible categories at the time of filing the expedited request.
Practical Observations from Prosecution Experience
From a practitioner perspective:
- Conversion does not automatically guarantee immediate examination. Queue positioning still depends on when the expedited request is filed.
- Filing early generally provides better administrative positioning within the expedited channel.
- The government fee is only one component. The real time advantage depends significantly on the quality of drafting and the manner in which objections are handled.
Expedited examination accelerates procedural priority. It does not reduce the legal threshold for patentability. Applicants may also estimate official filing and examination fees using our Patent Fees Calculator to understand the overall cost implications before opting for the expedited route.
When Should You Consider Expedited Examination?
Expedited examination is most effective where speed has commercial relevance. In practice, applicants typically opt for the fast track route in situations such as:
- Pending investment or funding discussions
- Licensing negotiations
- Technology transfer arrangements
- Competitive market positioning
- Regulatory or product launch timelines
However, expedited examination is not automatically advisable in every case. If the specification requires substantial refinement, or if prior art risks are not fully assessed, accelerating examination may result in early objections without strategic preparation.
From a prosecution standpoint, the benefit of expedited examination is maximised when:
- The claims are clearly drafted and well supported
- Prior art has been reasonably evaluated
- The applicant is prepared to respond promptly to objections
Expedited examination accelerates administrative priority. It does not reduce the legal scrutiny applied by the Patent Office.
Conclusion
Expedited patent examination under Rule 24C provides a structured mechanism for eligible applicants to accelerate examination of a patent application in India. When used appropriately, it can reduce the time required to receive the First Examination Report and bring procedural clarity at an earlier stage.
However, expedited examination is not merely a formality. Eligibility must be correctly assessed, publication requirements must be satisfied, and the application must be strategically prepared for scrutiny. The real benefit of fast-track examination is realised only when drafting quality and prosecution strategy align with commercial objectives.
Before opting for the expedited route, it is advisable to evaluate whether acceleration genuinely supports the applicant’s broader business or licensing plans.
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Frequently Asked Questions (FAQs)
1. What is expedited patent examination in India?
Expedited patent examination is a fast track mechanism under Rule 24C of the Patents Rules that allows eligible applicants to request priority examination of a patent application. The request is filed using Form 18A. Once accepted, the application is placed in a separate expedited queue at the Indian Patent Office.
2. Who is eligible to apply for expedited examination?
Eligibility is restricted to specific categories prescribed under the Patents Rules. These include startups, small entities, certain female applicants, government-related applicants, and applicants meeting specific PCT criteria. Eligibility must exist on the date of filing Form 18A, and appropriate declarations must accompany the request.
3. Is expedited examination available for all patent applications?
No. Expedited examination is not automatically available to every applicant. Only those falling within the notified categories under Rule 24C can file Form 18A. Applications that do not meet eligibility criteria must proceed under the normal examination route.
4. How long does expedited examination take in India?
The Rules prescribe shorter administrative timelines for examiner action compared to normal examination. However, the overall timeline depends on Patent Office workload, quality of drafting, and how promptly objections are addressed. Expedited examination accelerates queue priority but does not guarantee grant within a fixed number of months.
5. Can a normal examination request be converted to expedited examination?
Yes. If a request for examination has already been filed using Form 18, it may be converted to expedited examination by filing Form 18A and paying the prescribed conversion fee, provided the applicant qualifies under the eligible categories at the time of conversion.
6. Does expedited examination increase the chances of patent grant?
No. Expedited examination does not change the substantive standards of patentability. The invention must still satisfy novelty, inventive step, industrial applicability, and disclosure requirements. The mechanism accelerates examination priority, not the legal threshold for grant.
