Eligibility for Expedited Examination (As per 2024 Amendments) 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 Required Documents for Expedited Examination Form 18A – Application for Expedited Examination Proof of eligibility (Startup recognition, MSME certificate, etc.)

Strategic Considerations for Startups & Companies Issue Position under Indian Law Can companies use Sec. 115BBF?

Legal Comparison: Copyright vs Patent in India  Feature Software Copyright Software Patent Protection Scope Source code, design docs, UI, visuals Functional process, system, algorithm Legal Basis Copyright Act, 1957; Berne Convention Patents Act, 1970 (Section 3(k), 10, 11A) Requirements Automatic creation; optional registration Novelty, inventive step, industrial application Duration Life of author + 60 years 20 years from filing Examination Process Not required; efficient; minimal cost Formal examination (Form 18), slow and procedural Ideal Use Case Protecting codebase or UI layout Protecting inventive algorithm, technical functionality Cost & Complexity Low High (drafting + prosecution + claim strategy) What Can Copyright Protect?

Key Condition India Only if with technical effect Software per se not allowed under Section 3(k) USA Yes Must show utility and pass Alice test Europe (EPO) Limited Must solve a technical problem Japan Yes Must be part of a concrete hardware process China Yes If software controls hardware or produces technical effect Legal Position in India Section 3(k), Indian Patents Act: "A mathematical or business method or a computer program per se or algorithms" are not inventions.

Legal Framework Provision Description Section 14 & 15, Patents Act, 1970 Patent examination & hearing provision Timeline Hearing is usually scheduled after the FER reply, when objections persist Outcome Either the patent is granted, refused, or further amendments are requested When Is a Patent Show Cause Hearing Issued?

Legal Basis & Timelines Parameter Details Legal Reference Section 14 & 21, Indian Patents Act, 1970 Reply Deadline 6 months from date of FER issuance Extension Up to 3 months, upon request Form Used Form 13 (for claim amendments)  If no reply is submitted within this time, the application is deemed abandoned.

Importance of Proper Documentation in Patent Filing Filing a patent application, whether as an Ordinary Application or via the PCT National Phase route, requires strict compliance with the statutory documentation requirements under the Patents Act, 1970 and the Patents Rules, 2003 (as amended in 2024).

A Provisional Patent Specification is a preliminary disclosure filed under the Indian Patents Act, 1970.

The Indian Patent Office (IPO) enables this through a formal procedure laid down in the Patents Act, 1970 and Patent Rules, 2003, primarily via Form 15.

At the core of every patent application lies a set of statements that define the legal scope of protection—these are called patent claims.