Form 18A – Request for Expedited Examination

Form 18A – Request for Expedited Examination

Introduction

Form 18A, titled “Request for Expedited Examination”, is a specialized document in the Indian patent application process that allows eligible applicants to accelerate the examination of their patent applications. It is prescribed under Rule 24C of the Indian Patents Act, 1970. Filing Form 18A enables applicants to obtain the First Examination Report (FER) and final decision on the patent grant faster than the standard timeline.

Purpose of Form 18A

The purpose of Form 18A is to provide a faster route for patent examination in India. Under normal circumstances, patent applications are examined in chronological order based on the filing of Form 18 (Request for Examination). However, by using Form 18A, applicants can request an expedited examination, ensuring a quicker patent prosecution process.

Eligibility Criteria for Expedited Examination

Not all applicants qualify for an expedited examination. Form 18A can only be filed by:

  1. Startups and Small Entities – As recognized by the Government of India.
  2. Female Individual Applicants – If at least one of the applicants is a woman.
  3. Government Entities – Applicants that are government undertakings in India.
  4. Applicants Selecting India as the International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA) – Under the Patent Cooperation Treaty (PCT).
  5. Applicants Eligible Under Bilateral Agreements – As notified by the Indian Patent Office.
  6. Institutions of National Importance – As defined under the Institutes of Technology Act, 1961.
  7. Entities Notified by the Government – Any entity or applicant notified by the Indian government from time to time.

Key Components of Form 18A

Form 18A consists of several essential 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. Grounds for Expedited Examination:
    • The applicant must specify the eligibility criteria under which they are requesting expedited examination.
  4. Supporting Documents:
    • Required documents proving eligibility for expedited examination, such as:
      • Startup India recognition certificate (for startups)
      • Small entity certificate (for small entities)
      • Proof of selection of India as ISA/IPEA under PCT
      • Documents proving government entity status
  5. Declaration and Signature:
    • The form must be signed by the applicant or an authorized agent.

Filing Procedure

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

Steps for Filing Form 18A:

  1. Ensure the Patent Application is Published:
    • If the application is unpublished, Form 9 (Request for Early Publication) must be filed first.
  2. Verify Eligibility for Expedited Examination:
    • Ensure the applicant meets one of the eligibility criteria listed above.
  3. Complete and Submit Form 18A:
    • Fill in the required details and submit the form along with supporting documents and the prescribed fee.
  4. Monitor the Examination Timeline:
    • The application will be placed in the expedited queue, and examination will proceed significantly faster than the standard process.

Benefits of Expedited Examination

  • Faster Processing: Applicants receive the First Examination Report (FER) within a few months instead of years.
  • Quicker Patent Grant: The entire patent prosecution process is shortened.
  • Commercial and Strategic Advantages: Early grant of patents can provide business and legal advantages in licensing, enforcement, and market entry.
  • Encourages Innovation: Beneficial for startups and research institutions looking to secure intellectual property quickly.

Standard vs. Expedited Examination

FeatureStandard Examination (Form 18)Expedited Examination (Form 18A)
EligibilityOpen to all applicantsOnly for specific categories (startups, small entities, etc.)
TimelineApplications examined in order receivedApplications prioritized for faster processing
First Examination Report (FER)Can take 1-3 yearsTypically issued within a few months (3-6 months)
Final Decision on PatentDelayed due to backlogFaster grant if all requirements are met

Consequences of Not Filing Form 18A

  • The patent application will be processed under the normal examination timeline, leading to potential delays in grant.
  • The applicant cannot request an expedited examination later if they do not qualify at the time of filing.

Conclusion

Form 18A is a powerful tool for eligible applicants to accelerate the patent examination process in India. It provides a strategic advantage, especially for startups, small entities, and government-related applicants. Ensuring that all eligibility criteria are met and filing Form 18A promptly can lead to quicker patent grants and stronger intellectual property protection.

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

https://ipindia.gov.in/writereaddata/Portal/IPOFormUpload/1_105_1/Form-18A.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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