Indian Patent Form
FORM 18
Indian Patent Form 18 is filed under section [11B and rule 20(4)(ii), 24B(1)(i)]. It is also called “REQUEST FOR EXAMINATION“.
The applicant needs to file a request for examination (RFE) within 48 months of the filing date or priority date. This form can be filed by the applicant or any interested person.
The patent application undergoing the ordinary examination may take 2-6 years to receive a grant on patent application from the date of filing.
Pros of filing FORM 18:-
Economical and inexpensive for the applicant(s)
Cons of filing FORM 18
Time-taking process
FORM 18 further consists of the following information:
- APPLICANT:
(a) Name (b) Nationality (c) Address
- Statement by the applicant:
Here applicant will declare that his “application for patent number —— filed on MM/DD/YY for “TITLE OF INVENTION”.
- Address for service:
Here we have to provide detailed information about Government attorneys or Indian Patent Agents.
Source: Indian Patent Form 18
If FORM 18 is not filed within 48 months, the application shall be treated as abandoned. Hence Indian Patent Act 1970 makes it mandatory to file a request for examination.
After receiving the Request for Examination, Applicant or their representatives (Patent Agent/Attorney) interact with the Patent Office to take this process one step ahead for their patent application, this is called as patent prosecution.
After filing FORM 18 (request for examination), patent office may raise some objections and provide First Examination report. These objections should be addressed by applicant on time. After reply on the examination report, further objections may also be raised or hearing notice may be issued. Final approval is completely based on controller’s decision.
As the process is time taking, it is always recommended to file the request for examination (Form 18) at the time of complete patent application itself.
Conclusion: Filing the Form 18 is mandatory to take the patent application in the grant direction by an applicant. Then Why to delay the whole process?
Below is the Form 18 as sample:
https://ipindia.gov.in/writereaddata/Portal/IPOFormUpload/1_30_1/form-18.pdf
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