how to speed up patent filing process in India and get patent granted as soon as possible
There are different strategies to speed up the process from idea to granted patent.
- being ready with appropriate information about the invention really reduces time from ideation stage of invention to patent filed stage of invention, Idea incubation phase and preliminary search help in great deal to speed things up and shorten the time and frequency of communication with patent professional
- another strategy would drafting first claim in the meeting with patent agent or attorney which helps in creating rest of the patent application in quicker time. Saving a lot of emails and meetings for same outcome.
- Directly filing complete patent application, without spending time in patentability search or provisional patent application
- After filing the patent application, you can file early publication request in patent office using form 9 and paying prescribed fees (which is Rs. 2500 for individual inventor). By doing this you need not wait for the expiry of 18 months from the filing date of the patent application and controller publishes your application as soon as possible.
- Immediately after the application is published filing request for examination (RFE) in form 18 and with fees 4000 for individual inventor.
- Expedited examination of applications can be made as per rule 24 C with form 18 A provided (a) that India has been indicated as the competent International Searching Authority or elected as an International Preliminary Examining Authority in the corresponding international application; or (b) that the applicant is a startup.
- And responding to objections raised by controller in least possible time
These are some of the strategies to speed up the process of getting patent granted in India. The main theme remains being prepared with information and taking proactive steps to minimize the delay at all intermediate steps.