Request for examination (RFE)
The patent application is examined only after receiving a request for examination that is RFE. The inventor/applicant need to file a request for examination (RFE) within 48 months of filing date or priority date. This RFE is made with form 18 and the government fees for the same is mentioned in table below.
Upon receiving this request the controller gives your patent application to a patent examiner who performs searches for checking patentability of the invention (as per patentability criteria’s). and then the examiner creates a first examination report FER of the patent application.
Everything happening to patent application before grant of patent is generally called as patent prosecution.
The first examination report submitted to controller by examiner generally contains prior arts (existing documents before the date of filing) which are similar to the claimed invention, and any objections raised regarding patentability requirements for the invention. Same examination report (with objections) is communicated to you (inventor) / patent applicant.
| Responsibilities | ||
| Inventor |  | the patent agent or patent attorney makes request for examination on behalf of you. or request for Expedited examination with form 18 A if applicable |
| Patent agent or attorney |  | request for examination is submitted with Form 18 and Fees. or request for Expedited examination with form 18 A if applicable |
| Patent office |  | receive request for examination and examiner check patent application for patentability and other criteria and generates First examination report |
Government forms and fees:
Form 18. The fees for request for examination RFE is as below.
| Individual inventors Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) | Others | |
| Request for examination | 4000 | 20000 |
Form 18
The fees for a request for examination RFE is as below.
E-filing
| Particulars | Individual inventors Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) | The express request of examination of application for patent |
| Express request of examination of application for patent | 4000 | 20000 |
| Particulars | Individual inventors Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) | Others |
| Request of examination of International Application for patent | 5600 | 28000 |
Physical Filing
| Particulars | Individual inventors Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) | Others |
| Request of examination of application for patent | 4400 | 22000 |
| Particulars | Individual inventors Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) | Others |
| Request of examination of International Application for patent | 6160 | 30800 |
Rule 24C. Expedited examination of applications.—
An applicant may file a request for expedited examination in Form 18A along with the fee on any of the following grounds, namely:-
- 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
- that the applicant is 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.
Under Startup India Initiative a Startup fulfils 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 seven years, however for Biotechnology Startups not prior to ten years;
- turnover for any of the financial years since incorporation/ registration has not exceeded INR 25 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.
form 18
| 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
- 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.