{"id":1192,"date":"2016-05-16T18:17:55","date_gmt":"2016-05-16T12:47:55","guid":{"rendered":"http:\/\/lexmanibus.com\/home\/?page_id=1192"},"modified":"2016-05-19T14:45:20","modified_gmt":"2016-05-19T09:15:20","slug":"expedited-examination-for-patents","status":"publish","type":"page","link":"http:\/\/lexmanibus.com\/home\/news-publications\/ip-updates\/expedited-examination-for-patents","title":{"rendered":"IP Updates"},"content":{"rendered":"

Expedited Examination System for Patents Introduced<\/strong><\/span><\/h4>\n

May 16, 2016 18:15 IST<\/em><\/p>\n

Following the approval of India\u2019s National IPR Policy, on 16 May 2016, the government published the Patent (Amendment) Rules, 2016<\/a> to streamline the examination timeline and to introduce expedited examination system. Major changes introduced by the amendment rules are as follows;<\/p>\n

Reduced Acceptance Period:<\/strong><\/p>\n

The time limit for placing the patent application in order for grant (acceptance period) is now reduced to 6 months from the date of first examination report. This deadline may be extended for another 3 months on a request for extension filed before the expiry of the original time limit. For extending the acceptance period, the applicant must pay a fee of \u20b94,000 (\u20b92,000 for small entities and \u20b91,000 for natural person applicants) per each months of extension.<\/p>\n

UPDATE (May 19, 2016): The reduced acceptance period is applicable to all patent applications with first examination reports issued on or after 16 May 2016. For cases with first examination report issued before 16 May 2016, the 12 months deadline as per the existing rules is applicable\u00a0.<\/p>\n

Expedited Examination of Patent Applications: <\/strong><\/p>\n

After much debate and huge opposition, the government has finally introduced Expedited Examination System for patents. The maximum number of expedited examination that may be entertained by the office in an year may be prescribed by the Controller.<\/span>\u00a0As per new rule 24C, a request for expedited examination (Form 18A) may be filed in respect of a patent application on the fulfilment of the following conditions:<\/p>\n

    \n
  1. The corresponding PCT international application, if any, must have designated Indian Patent Office as the International Search Authority or\/and International Preliminary Examination Authority; or<\/li>\n
  2. The applicant is a start-up company of not more that 5 years old with turn over not exceeding 25 crores in any financial year and working towards innovation; and<\/li>\n
  3. A request for expedited examination filed within 48 months from the earliest of the priority date or the application filing date, together with a fee of \u20b960,000 (\u20b925,000 & \u20b98,000 for small entities & natural person applicants respectively);<\/li>\n<\/ol>\n

    \"Patent
    \nA regular examination request already filed under rule 24B may be converted into a request for expedited examination request under rule 24C on the submission of required documents and payment of the fee difference within the 48 months time limit. Under the proposed expedited examination system the patent office, after verifying the documentary requirements, will refer the patent application with expedited examination request to an examiner in the order of filing of request for expedited examination. The first examination report will be issued to the applicant not later than 4 months from the date on which the such patent application is assigned\u00a0 to the examiner. The acceptance period for expedited examination cases is also fixed at 6 months from the date of examination report with 2 months extension. The fee for extending the time limit to put the application in order for acceptance under expedited examination system is \u20b910,000 (\u20b95,000 for small entities\u00a0and \u20b92,000 for natural person applicants) for each months of extension.<\/p>\n

    Other Notable Changes:<\/strong><\/p>\n