Faster grant of patent in India by Expedited examination

Faster grant of patent in India by Expedited examination: the patent would be granted within about 1 year of time and The official patent cost of filing a patent in India by expedited route is ( filing fees ₹ 1,600+ early publication ₹ 2,500 + expedited examination ₹ 8,000) = ₹ 12,100. or (USD 145) Attorney fees for drafting a patent application would be around ₹ 40,000. or (USD 500)

How to Expedite Your Patent Application in India Using Form 18A for faster grant of patent

Want Your Patent Faster? Here’s How You Can Speed Up the Process!

Waiting for years to get a patent granted can be frustrating—especially when you need it now to protect your invention, secure funding, or gain a competitive edge. The good news? You can speed up your patent examination in India by filing Form 18A for Expedited Examination.

But here’s the catch—not everyone qualifies. So, how do you know if you can apply for expedited examination and get your patent granted faster? Let’s break it down in a simple way and see if you fit into one of the eligible categories.

Video : How to Choose Patent Applicant in India Individual vs Company for faster Grant

Who Can File for Expedited Patent Examination in India?

The Indian Patent Office (IPO) has laid out specific categories of applicants who can request expedited examination. If you qualify under any of these, you can shave years off the waiting time and get a patent decision within months instead of years.

1. If You Are You a Startup recognized by DPIIT

If your business is registered as a Startup under Startup India (recognized by DPIIT), you are eligible for an expedited examination. This is one of the biggest advantages startups can get in the Indian patent system!

How to Qualify?

• Your startup should be recognized by DPIIT (Department for Promotion of Industry and Internal Trade).
• Attach your Startup India Recognition Certificate while filing Form 18A.

Why Use Expedited Examination as a Startup?

• Investors love patents! A fast-tracked patent means you can show IP protection when raising funds.
• Your technology is protected before competitors catch up.
• Helps in international patent filings (PCT applications) by strengthening your position.

2. If You Are You a Female Applicant or If you have a Female Co-applicant

Did you know that if a woman is listed as an applicant or co-applicant, you can apply for expedited examination? Yes, this is a huge advantage for women entrepreneurs, inventors, and researchers!

How to Qualify?

• If at least one applicant is a woman, you can apply for expedited examination.
• No additional documents needed apart from identity proof showing gender.

Why Women Inventors Should Apply for Expedited Examination?

• Faster patent grant means you can license or commercialize your invention quicker.
• If you’re an entrepreneur, it gives a stronger IP position for your business.

3. If you Are a Small Entity or MSME

If your company is registered as a Micro, Small, or Medium Enterprise (MSME), you qualify for fast-track patent processing.

How to Qualify?

• You need an MSME/Udyam Registration Certificate.
• Attach it while filing Form 18A.

Why MSMEs Should Opt for Expedited Examination?

• Quick patent approval gives an advantage in licensing and negotiations.
• Strengthens your position in government tenders and contracts that require patents.
• Helps in securing IP-backed loans and financial incentives.

4. If you Are from an Educational Institute or Research Organization?

If your patent is filed by an educational institution or government-recognized research organization, you can speed up the process.

Who Qualifies?

• IITs, NITs, AIIMS, IISERs, IIITs or any government-recognized institution.
• Research institutions under CSIR, ICAR, ICMR, and DRDO.
• Government-funded universities.

Why Should Universities and Research Institutes Use Expedited Examination?

• Faster patent processing means research can be commercialized sooner.
• Universities can license patents to industries quicker.
• Helps in funding applications and industry collaborations.

5. If You Have Selected India as the (ISA) or (IPEA)?

If you have filed a Patent Cooperation Treaty (PCT) application and selected India as ISA International Searching Authority or IPEA International Preliminary Examining Authority , you qualify for expedited examination in India.

Why is This Important?

• If India is your preferred jurisdiction, you can get a quick patent decision.
• This helps in international patent strategy and commercialization.

6. If you Are a Government Undertaking or a Notified Entity?

If you’re part of a government organization or an entity specifically notified by the Indian government, you qualify for an expedited patent.

Examples include:

• Public sector undertakings (PSUs) like BHEL, ONGC, etc.
• Defence organizations under DRDO.
• Government-funded R&D labs.

Why Should Government Entities Use Expedited Examination?

• Speeding up patents aligns with national innovation and defense priorities.
• Helps in faster technology transfer and commercialization.

Cost of filing patent in India by Expedited route :

We would compare the Expedited (Faster) Route with the Normal route here. Make sure you have already seen the section on Cost of filing patent in India by normal route to understand this comparison.

Cost, procedure and timeline for patent in India in 2025

Note: steps highlighted in Brown colour are either optional step or depends on case to case and are not mandatory to happen

Note: Government fees mentioned are for Natural person (individual applicants), Startups, MSME, government organizations or educational institutions

link to cost sheet on the government website for patent: link here

The First Schedule Fees: Fees

Assumptions: This is assuming the applicant is a Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) and we choose to take an expedited route for a faster grant of patent hence filing early publication and expedited examination requests.

The grant of patent by Normal route takes more than 2 or 3 Years. Although, after filing of patent application, that is receiving patent pending or patent applied status and patent application number; you can do most of the things like: 

• disclosing patented invention without fear of loosing its confidentiality (since patent is already filed and we secured the priority date already)
• testing commercial worth of invention
• demonstrating invention to other businesses or parties
• selling invention in market
• presenting information in seminar or conferences
• talking to investors or bankers for funding etc… 

However, you can not stop others until you have granted patent in India (or respective country of your interest)

Hence sometimes you may decide not to wait for 2-3 years or even more time for grant of patent by normal route and you may decide to go for expedited (faster) route explained in detailed below.

Request for expedited examination

This request for expedited examination is an application filed by patent applicant in Government patent office to Expedite the examination of the patent application. This request is made by using Form 18A

Fees for expedited examination

Who can use such a request for expedited examination?

• (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; or
• (c) that the applicant is a small entity; or
• (d) that if the applicant is a natural person or in the case of joint applicants, all the applicants are natural persons, then the applicant or at least one of the applicants is a female; or
• (e) that the applicant is a department of the Government; or
• (f) that the applicant is an institution established by a Central, Provincial or State Act, which is owned or controlled by the Government; or
• (g) that the applicant is a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013); or
• (h) that the applicant is an institution wholly or substantially financed by the Government; or
• (i) that the application pertains to a sector which is notified by the Central Government on the basis of a request from the head of a department of the Central Government.
• (j) that the applicant is eligible under an arrangement for processing a patent application pursuant to an agreement between Indian Patent Office and a foreign Patent Office.

What qualifies for a startup?

“Startup” means (a) an entity in India recognized as a startup by the competent authority under Startup India initiative.
(b) In case of a foreign entity, an entity fulfilling the criteria for turnover and period of incorporation/registration as per Startup India Initiative and submitting declaration to that effect.

According to the Patents (Amendment) Rules, 2016 startups were defined as

• entities that are working towards innovation, development, deployment or commercialization of new products, processes or services driven by technology or intellectual property where more than five years have not been lapsed from the date of incorporation/registration with a maximum turnover of INR 25 crore per year.
• However, according to the Patent (Amendment) Rules, 2017, a startup can be any Indian entity recognized as a startup by the competent authority under the Startup India Initiative or a foreign entity that fulfills criteria for turnover and period of incorporation/registration as per Startup India Initiative. 

Under Startup India Initiative a Startup fulfills the following criteria: 

• incorporated as a private limited company or registered as a partnership firm or a limited liability partnership in India;
• incorporated or registered in India not prior to ten years;
• turnover for any of the financial years since incorporation/ registration has not exceeded INR 100 crores;
• has not been formed by splitting up or reconstruction of a business that was already in existence; and
•  working towards innovation, development or improvement of products or processes or services, or if it is a scalable business model with a high potential of employment generation or wealth creation. 

What if you do not qualify for startup?

If you are an individual or group of individual inventors or a legal entity other than startup, you can go for request for expedited examination if

” you filled a PCT Patent cooperation treaty (international application) and selected India as a designated country as either International Searching Authority (ISA) or as an International Preliminary Examining Authority (IPEA)” or

” you can add a female as applicant or co-applicant for your patent application “

Advantages of Expedited examination

The main advantage is very short time required till grant of patent when we compare it with the normal route. This benefit of requiring less time from filing to grant (in some cases less than 1 year) is because of the following things: 

• The patent applications with request for expedited examination are taken on separate queue, hence would be examined much quicker than normal route
• Shorter timelines for each step along the way from filing request for expedited examination till grant of patent. 

Note : in some cases the patent application is examined and First examination report can be expected within 6 months, and if you (applicant) is proactive in responding to objections and taking required steps in timely manner the patent can be granted within 1 to 1.5 year.

Video : Patent First Examination Report FER Explained : Overcoming Objections in FER India

Response to objections

The majority of patent applicants (inventors) will receive some type of objection based on the examination report. The best thing to do it analyze the examination report with patent agent/attorney and create a response to the objections raised in the examination report. This is a chance for an inventor to communicate his novelty and non-obviousness of the invention based on the kind of objections received.

You (as inventor) / applicant is supposed to answer the objection raised within 12 months from the date on which the First examination report is forwarded to you.

The inventor and patent agent create and send a response to the objections that tries to prove to controller that his invention is indeed patentable and satisfies all patentability criteria’s. Or optionally accepts the objections and amends the patent application as pointed out in First examination report.

If the controller is satisfied with the response to the objections or the amended patent application. Up on finding the patent application in order of grant, The patent is granted to you (inventor) / applicant as early as possible !!! with a seal of patent office and the date of grant is registered in register of patents. detailed information at step 6 : Response to objections or First Examination Report

Professional Fees: The patent agent /attorney’s professional fee to respond to objections is Rs. 20,000 or (USD 250).

Hearing with the patent office :

A hearing at the Indian Patent Office is typically held to resolve issues related to the examination of a patent application. It may involve addressing objections or rejections raised by the patent examiner, presenting arguments in favor of the patent application, or discussing any other matters related to the patent application’s prosecution.

Attorney fees: The attorney fee for attending the Hearing with the patent office is ₹ 20,000 or (USD 250)

Video : Patent Office Hearing in India Explained : Grant Rejection or Conditional Acceptance

Grant of patent

The application would be placed in order for grant once it is found to be meeting all patentability requirements. The patent is granted to you (inventor) / applicant as soon as possible with the seal form patent office and The grant of patent is notified in the patent journal which is published time to time.

detailed information at Step 7 : Grant of patent

You may go through the details about Cost of filing patent in India by the normal route

I have an Idea or Invention, I want to know if it can be patented. What to do next?

Step 1: Importance of Signing a Non-Disclosure Agreement (NDA):

Before we proceed with any further discussions or exchange of information, it is crucial to establish a Non-Disclosure Agreement. This agreement is done for your safety. It does not cost you anything. The purpose of an NDA is to maintain strict confidentiality regarding your invention. We have shared the NDA agreement copy in the link below. Please fill in Inventor/s complete name and communication address. Please send a signed copy of the NDA via email to proceed with your patent filing requirement.

Invention Disclosure for Filing Patent:

To initiate the patent filing process, we require detailed information about your invention. As explained in step 2 above, You can write what problem our invention is solving, how it is better than competitors, how we are solving the problem etc. information along with a diagram, flow chart, or hand-drawn sketches of the invention. The video below would help you with understanding ” the exact information needed to file a patent application that is creating invention disclosure for your invention.” video link: https://youtu.be/2ft_oQ0uR8I

The link below is for attachments about Non-Disclosure agreements (NDA), and Invention Disclosure Form.
Documents folder link: https://drive.google.com/drive/folders/1vtzY7YsfgOaN5Gegnp5TKGcLWlEMU4Kh?usp=sharing

Scheduling a Discussion about the understanding of invention:

To proceed from here you may contact us over the phone or schedule a free video meeting / free consultation. I look forward to speaking to you regarding your patent-related requirement and I would be happy to answer your questions and doubts.

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Prasad Karhad

Founder & Director at Patent Attorney Worldwide Private Limited

- Registered Patent Agent (IN/PA 2352),
- Indian Patent Office, Govt. of India
- Patent Facilitator for Start-ups, Startup India Govt. of India
- Bachelor’s degree in Electronics and Telecommunication engineering.
- Author of multiple books on Patents and IPR including a best-selling book on “How to patent an idea in India” which has been selected as the “Memorable Business Book of 2018” by Amazon
- Books are included in the syllabus of Educational Institutions as textbook and reference book on subject of IPR and Patents
- For over 15 years, Prasad has helped protect the intellectual property rights (IPR) of more than 1800 clients, including individuals, entrepreneurs, and educational institutes. This includes patents, trademarks, designs, and copyrights.

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• links to all videos - August 6, 2025