step 4 : Request for examination (RFE)

Request for examination (RFE) in Indian Patent Law

Filing a patent application in India does not automatically trigger examination. Examination by the Indian Patent Office begins only after a formal Request for Examination (RFE) is filed. Understanding this step is critical, because failure to comply within statutory timelines can permanently jeopardize patent rights.

This article explains the legal requirement, process, responsibilities, applicable forms, fees, and expedited examination provisions, in a practitioner-oriented manner.

What Is a Request for Examination (RFE)?

A Request for Examination (RFE) is a mandatory request filed by the applicant (through a patent agent or attorney) asking the Indian Patent Office to examine a patent application.

Without an RFE:

  • The application remains unexamined
  • No examiner is assigned
  • No First Examination Report (FER) is issued
  • The application will not proceed toward grant

Statutory Time Limit for Filing RFE : The request for examination must be filed within 48 months from:

  • the date of filing of the patent application in India, or
  • the priority date, whichever is earlier.

❗ Failure to file RFE within 48 months results in the application being deemed withdrawn, with no legal remedy for revival.

The request for examination is filed using: Form 18 – Request for Examination (RFE)

In eligible cases, expedited examination is filed using: Form 18A – Request for Expedited Examination

What Happens After Filing RFE?

Once Form 18 (or 18A) is filed along with prescribed fees:

  1. The Controller of Patents assigns the application to a Patent Examiner
  2. The examiner conducts:
    • prior art searches
    • novelty, inventive step, and industrial applicability analysis
    • legal compliance checks under the Patents Act and Rules
  3. The examiner submits findings to the Controller
  4. The Controller issues a First Examination Report (FER) to the applicant

First Examination Report (FER)

video above explains what to do when we receive the first examination report or FER for the patent application

The FER is a formal examination report containing:

  • cited prior art documents
  • objections relating to:
    • novelty
    • inventive step
    • patentability under Sections 3 and 4
    • clarity, unity, sufficiency of disclosure
    • formal and procedural defects

The FER is communicated to the applicant or authorized patent agent for response.

Patent Prosecution

All procedures from filing of RFE until grant or refusal are collectively known as: Patent Prosecution

This includes:

  • responding to FER objections
  • amending claims
  • attending hearings (if required)
  • satisfying the Controller on patentability

Government Fees for Request for Examination (Form 18)

For Indian Patent Applications (Normal Examination)

E-Filing

  • Individual / Natural person / Startup / Small entity / Educational institution: INR 4,000
  • Other applicants (large entities): INR 20,000

Expedited Examination – Rule 24C

Indian patent law provides for expedited examination under Rule 24C, allowing faster examination on specified grounds.

Eligible Grounds for Expedited Examination

An applicant may file Form 18A if:

  • India is indicated as the International Searching Authority (ISA) or
  • India is elected as the International Preliminary Examining Authority (IPEA) in the corresponding PCT application, or
  • The applicant qualifies as a Startup

Definition of “Startup” for Patent Purposes

As per Patents (Amendment) Rules, 2016 A startup is an entity:

  • working towards innovation or commercialization
  • driven by technology or intellectual property
  • incorporated for not more than 5 years
  • with annual turnover not exceeding INR 25 crore

As per Startup India Initiative A startup must:

  • be incorporated as a private limited company, partnership firm, or LLP in India
  • be incorporated not more than 7 years ago (10 years for biotechnology startups)
  • have turnover not exceeding INR 25 crore in any financial year
  • not be formed by splitting or reconstruction of an existing business
  • be working towards innovation, development, or improvement of products or processes

Foreign entities must submit a declaration confirming compliance with Startup India criteria.

Key Takeaways for Patent Applicants

  • Filing a patent application alone is not sufficient
  • RFE is mandatory and time-bound
  • Missing the 48-month deadline leads to irreversible loss of rights
  • Choosing between normal and expedited examination impacts grant timelines
  • Professional handling of examination and FER response is critical to patent success

Applicants should always verify the latest forms and fees from the official Patent Office website:

👉 http://www.ipindia.nic.in/form-and-fees.htm

Final Professional Advice

From a practitioner’s standpoint, Request for Examination is the single most critical procedural trigger in Indian patent prosecution. Strategic timing, correct fee category selection, and proper legal handling of examination responses often determine whether a patent is granted, narrowed, or refused.

Request/Express Request for Examination of Application for Patent Form 18  (43 KB)

check details on forms and fees on the government website for patent: http://www.ipindia.nic.in/form-and-fees.htm

Prasad Karhad
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