Form 18 – Request for Examination

Form 18 – Request for Examination

Introduction

Form 18, titled “Request for Examination”, is one of the most crucial documents in the Indian patent application process. It is prescribed under Section 11B and Rule 24B of the Indian Patents Act, 1970. Filing Form 18 is mandatory to initiate the examination of a patent application, as the Indian Patent Office does not examine applications automatically.

Purpose of Form 18

The primary purpose of Form 18 is to request the substantive examination of a patent application. Without filing this form, the patent application remains unexamined, and no further progress can be made toward the grant of a patent.

Key Components of Form 18

Form 18 consists of several key sections that must be accurately completed:

  1. Patent Application Details:
    • Application number and filing date.
    • Title of the invention.
  2. Applicant’s Details:
    • Name, address, and nationality of the applicant.
    • If filed through a patent agent, Form 26 (Power of Attorney) must be attached.
  3. Type of Examination Requested:
    • Regular Examination: Standard process where the application is examined in the order in which requests are received.
    • Expedited Examination (Form 18A): Available only to startups, small entities, female applicants, and applicants choosing India as the International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA) under the PCT.
  4. Statement of Request:
    • A formal request for the Indian Patent Office to examine the patent application.
  5. Signature and Authorization:
    • The applicant or an authorized agent must sign the form.

Timeline for Filing Form 18

  • Form 18 must be filed within 48 months from the earliest priority date or filing date, whichever is earlier.
  • If not filed within this period, the application is considered withdrawn.

Filing Procedure

Form 18 can be filed electronically through the Indian Patent Office e-Filing system or physically at designated patent offices.

Steps for Filing Form 18:

  1. Ensure Application is Published:
    • The application must be published before filing Form 18.
    • If early examination is required, Form 9 (Request for Early Publication) must be submitted first.
  2. Complete and Submit Form 18:
    • Fill in the required details and submit it along with the prescribed fee.
  3. Await Examination Report:
    • The Indian Patent Office assigns an examiner who conducts a detailed examination and issues a First Examination Report (FER).

Importance of Form 18

  • Initiates the examination process, without which a patent cannot be granted.
  • in the examination stage it determines whether the invention meets novelty, inventive step, and industrial applicability requirements.
  • The earlier Form 18 is filed, the sooner the examination process begins.

Expedited Examination (Form 18A)

Applicants eligible for expedited examination can file Form 18A, which significantly reduces the time taken for the examination process. This is available for:

  • Startups and small entities.
  • Applicants selecting India as ISA or IPEA under the PCT.
  • Female individual applicants.
  • Government undertakings.

Consequences of Not Filing Form 18

  • The patent application will remain unexamined and eventually be deemed withdrawn after 48 months.
  • The applicant loses the opportunity to obtain a patent for the invention.

Conclusion

Form 18 is a critical step in the patent grant process, as it initiates the examination of a patent application. It must be filed within the prescribed time to avoid withdrawal of the application. Expedited examination options under Form 18A provide a faster route for eligible applicants.

For a direct link to Form 18, visit: Form 18 – Request for Examination

https://ipindia.gov.in/writereaddata/Portal/IPOFormUpload/1_30_1/form-18.pdf

for more details about the costs required at each stage you may read article on Cost of patent registration in India

Video : Steps from idea or invention to granted patent in India along with time and costs

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Prasad Karhad
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