Can the examination of an application be expedited in India?

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Yes, it is possible to expedite the examination of an Indian patent application. Following two provisions are available. This provision is available to a patent applicant only if one or more of the following conditions are met:

  • The patent applicant is a start-up, or was a start-up at the time of filing the patent application; or
  • The patent applicant chose India as an International Searching Authority (ISA) or as an International Preliminary Examining Authority (IPEA) in a corresponding PCT application.

It is to be noted that a limited number of requests for expedited examination requests may be entertained every year. This number will be intimated at the start of the year and once the limit is exhausted, no more requests for expedited examination may be entertained. It is thus recommended that in case the patent applicant wishes to file a request for expedited examination, the request should be filed at the starting of the year.

For the applications in which a normal request for examination has already been filed, if the applicant meets one of the conditions mentioned above, the applicant may convert the normal request for examination to an expedited request for examination by paying the prescribed fee.

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