July 25, 2025 by Sarika Kumari
In today’s fast-paced innovation ecosystem, securing timely patent protection is not just desirable—it is mission critical.
Startups are racing to attract funding, corporates are navigating competitive R&D landscapes, and MSMEs are scaling IP portfolios globally. In such scenarios, a delay of even 12–24 months in examination and grant can severely limit the commercial, strategic, and enforcement value of a patent.
To address this, the Indian Patent Office (IPO) provides an Expedited Examination Procedure under Rule 24C of the Patent Rules, 2003 (as amended). This article offers an in-depth overview of the legal foundation, eligibility, application process, and business rationale behind opting for expedited examination.
Expedited Examination (EE) allows the Controller to prioritize your patent application for quicker examination and grant. Compared to regular timelines (2–4 years), expedited applications may proceed to FER issuance within 4–8 months.“
| Eligible Applicant | Condition |
|---|---|
| Startups | Registered with DPIIT |
| Small Entities | Including MSMEs |
| Female Applicants | Sole or joint applicants |
| Government Departments / PSUs / Institutions | Central or State level |
| Applicants eligible for PPH (Patent Prosecution Highway) | Through designated foreign IP offices |
| Entities opting for India as ISA or IPEA under PCT | Must have filed PCT application through IPO |
Form 18A – Application for Expedited Examination
Proof of eligibility (Startup recognition, MSME certificate, etc.)
Statement and Undertaking (Form 3) – Foreign filings
Specification (Form 2) – Complete specification
Form 5 – Declaration of inventorship
Power of Attorney (Form 26) – If agent is filing
Form 28 – If applicant claims small/startup status
| Stage | Regular | Expedited |
|---|---|---|
| Request for Examination (Form 18) | Within 48 months | Immediately via Form 18A |
| FER Issuance | 18–36 months | 4–8 months |
| FER Response | 6 months (+3 months extension) | Same |
| Hearing & Decision | Delayed by backlog | Prioritized scheduling |
| Grant | 3–6 years | Often within 1 year |
| Applicant Type | Govt. Fee (Form 18A) |
|---|---|
| Natural Person / Startup / Small Entity | ₹ 8,000 |
| Others (Large Entity) | ₹ 60,000 |
| Additional Claims (beyond 10) | ₹ 1,600/claim |
| Pages beyond 30 | ₹ 160/page |
| Sequence Listings | ₹ 160/page |
Faster grant means you can license, enforce, or sell the patent earlier—critical for valuation, fundraising, or market entry.
A granted patent improves IP due diligence scores during Series A/B funding. It is also an asset in IPO readiness and M&A.
With a granted patent in India, you can leverage Patent Prosecution Highway (PPH) routes for fast-tracking in Japan, South Korea, and other partner countries.
A granted patent allows injunctions against infringers, especially in tech, pharma, and electronics industries where early enforcement is critical.
| Scenario | Rationale |
|---|---|
| SaaS startup developing AI software | Time-to-market advantage is vital |
| Pharma innovator with novel formulation | Pre-launch exclusivity enforcement |
| Electronics manufacturer | PPH route for faster filing in Japan |
| MedTech startup raising Series A | IP-backed valuation uplift |
| Mistake | Impact |
|---|---|
| Filing Form 18 instead of Form 18A | Loses eligibility for fast track |
| No supporting documents (e.g., DPIIT certificate) | Rejection of Form 18A |
| Misclassification of applicant type | Higher fees or delays |
| Missing response deadline to FER | Deemed abandonment under Sec. 21 |
| Provision | Legal Significance |
|---|---|
| Rule 24C, Patent Rules, 2003 | Governs expedited examination provisions |
| Form 18A | Required to formally request expedited examination |
| Section 11B(1), Patents Act, 1970 | Examination request must precede grant |
| Patent (Amendment) Rules, 2024 | Expands eligibility to more applicant types |
In a world where IP speed is strategy, expedited patent examination can be the differentiator between first-to-market and missed opportunity.
Whether you're a tech startup, pharma innovator, or manufacturing MSME, it pays to use the legal provisions available under Rule 24C wisely and early.
Q1. Can a startup request both expedited and regular examination?
👉 No. Only one examination request is allowed—choose Form 18A or 18, not both.
Q2. Can I convert a regular examination request to expedited later?
👉 Only under limited conditions. It is advisable to opt for Form 18A initially.
Q3. Is PPH available to Indian applicants?
👉 Yes. India has PPH with Japan (JPO), and more partnerships are being considered.
Q4. Can foreign applicants use expedited procedure?
👉 Yes, if they meet eligibility criteria (e.g., filed PCT through IPO or under PPH).
Q5. Is hearing faster under expedited examination?
👉 Yes. The Controller prioritizes hearings and post-FER procedures.