Indian Patent Form: FORM 18A

Indian Patent Form

FORM 18A

INTRODUCTION:

As Patent Act, 1970, FORM 18A is an Indian Patent form which is also called a request for expedited examination, of the application for a patent as per Section 11B and Rule 24C.

What is expedited examination?

A request for expedited examination is an application filed by an applicant with the Indian Patent Office, requesting acceleration of the patent application’s examination process. This form must be submitted within 48 months from the priority date or application date of the patent application, whichever is earlier.

Expedited Examination Procedure

The examiner must examine the patent application and submit the first examination report within one month but not exceeding two months from the date of receipt of the request for expedited examination.

The applications for expedited examination will be allotted to a separate queue, different from the ordinary examination queue, and this expedited queue may already have thousands of applications awaiting examination.

Hence, the applications for which expedited examination is requested will be prioritized and allotted to an examiner for examination substantially sooner than the applications that have been queued for normal examination. This prioritization ensures a faster evaluation process for applicants who have valid reasons for requesting expedited examination, expediting the overall patent application procedure.For filing the Indian Patent Form 18A, the applicant has to pay Rs. 8000.

Source: Indian Patent Form 18A

Who qualifies for Expedited Examination?

According to the rules, an applicant who fulfills any of the following criteria can apply for expedited examination:

1. If the applicant has chosen India as an International Searching Authority (ISA) or as an International Preliminary Examining Authority (IPEA) in a corresponding PCT application.
2. The applicant is a Start-up.
3. The applicant is a small entity.
4. The applicant is a female natural person.
5. The applicant is a government undertaking in the case of an Indian applicant or is a similar entity in the case of a foreign applicant.
6. The applicant is eligible under an arrangement for processing an international application under an agreement between the Indian patent office with another participating patent office.

Once the request for examination has been filed and the application has been published, the Controller shall refer the request for expedited examination along with the application to the examiner in the order of filing of such requests.

A request for normal examination can be converted into a request for expedited examination by paying the relevant fee and submitting the requisite document if the applicant wants a grant on patent as soon as possible.

Pros of the Expedited Request for Examination:

1. Applicant receives the first examination report within 1-2 months of filing an expedited request.
2. The IPO fast-tracks the examination because the prioritized queue is assigned to such requests.
3. An applicant may receive the grant within 1 to 1.5 years.

Conclusion: 

Applicants who apply for expedited examination are an encouraging step for inventors to speed up the process of getting their inventions patented.

Below is the Form 18 as a sample:

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

At PATHtoIP®, we ensure that every client receives exceptional results through high-quality patent research. As an experienced firm, we are dedicated to providing patent protection and delivering results capable of reaching your goals.