In normal course, securing a grant of Patent is a long-drawn process. However, applicants’ have always wished to get the grant in less time for various strategic reasons. The normal process for getting a granted Patent usually takes three to four years in India. Nevertheless, the India Patent Office has come up with certain amendments in order to enable an Applicant to expedite the Patent application and can get a Patent in a year time. Unlike the presently prevailing notion, all types of Applicants: Individual, Startup or Big company can avail this facility. Only thing required is to have the best possible strategy to expedite the process.
Start-up certified by Department for Promotion of Industry and Internal Trade; or
Small Entity recognised under Micro, Small & Medium Enterprises Development
(MSMED) Act, 2006; or
Individual Female or in the case of joint applicants where all the applicants are natural
persons, then at least one of the applicants is a Female; or
The applicant is an Institution Established by A Central, Provincial or State Act, which is Owned or Controlled by The Government;
Once the Patent application has been filed in the Indian Patent Office, then Patent application can be expedited by filing an early publication form and requesting for expedited examination of the filed application.
Applicants can file a PCT application and choose India as an International Search Authority (ISA) or International Preliminary Examination Authority (IPEA). This move makes the applicant eligible to opt for the expedited route. Further, after filing PCT, Applicants can file a request for Early Publication and Expedited Examination for expediting the Patent process in India.
Please note that in both the above ways, filing of early publication is allowed for all types of the Applicant. However, filing of Expedited Examination is allowed only if the Applicant is falling under the above categories.
From the above discussion, it can be concluded that the Indian Patent Office allows the facility of expediting the Patent Process for all types of Applicant. However, the right strategy is required for expediting the Patent Process in India. For few Applicants, straight forward steps are prescribed under the Indian Patent Act and Rule. However, Individual (not female) or Big companies can expedite the Patent process by filing a PCT application and choosing India an ISA or IPEA.
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