An Indian patent application is not examined until you ask — and if you miss the window, it is deemed abandoned. A request for examination must be filed within 48 months of the earliest priority date. Beyond the ordinary route, two fast-track options exist: express and expedited examination.
The two fast-track routes
Express examination is available only for a PCT national-phase application filed in India, and must be requested before 31 months from the earliest priority date. Once requested, the Controller assigns the application to an examiner, who must issue the first examination report within one to three months.
Expedited examination is a request to jump the normal queue. It must be accompanied by a request for publication (unless the application is already published or publication has been requested). Expedited applications sit in a separate, faster queue, examined ahead of ordinary requests. An ordinary request can be converted to expedited by paying additional fees.
The core difference: express examination is about getting a PCT national-phase application examined before the 31-month deadline; expedited examination is about skipping the normal queue.
Who can request expedited examination
Expedited examination is limited to eligible applicants, including:
- Start-ups and small entities,
- Applications where at least one applicant is female,
- Government departments, and institutions controlled or funded by government,
- Inventions in sectors specifically notified by the government, and
- Applicants who chose India as the ISA/IPEA in their PCT application, or whose office has a bilateral arrangement (PPH) with a foreign patent office.
Indicative official fees
Fees are revised from time to time — confirm current figures before filing — but the structure is:
| Request | Natural person / Start-up | Small entity | Others |
|---|---|---|---|
| Ordinary examination | ₹4,000 | ₹10,000 | ₹20,000 |
| Express examination | ₹5,600 | ₹14,000 | ₹28,000 |
| Expedited examination | ₹8,000 | ₹25,000 | ₹60,000 |
| Convert ordinary → expedited | ₹4,000 | ₹15,000 | ₹40,000 |
Which should you choose?
- PCT national-phase application and you want it examined early? Express, before 31 months.
- Eligible applicant who wants to skip the queue generally? Expedited.
- Not in a hurry, or not eligible? The ordinary request, within 48 months, is enough — but do not miss that deadline, or the application lapses.
Frequently asked questions
When must a request for examination be filed in India? Within 48 months of the earliest priority date, or the application is treated as abandoned.
What is the difference between express and expedited examination? Express is only for PCT national-phase applications and must be filed before 31 months; expedited lets eligible applicants skip the normal examination queue.
Who is eligible for expedited examination? Start-ups, small entities, applications with a female applicant, government bodies, notified sectors, and applicants using India as ISA/IPEA or a PPH route, among others.
Can I convert an ordinary request to expedited? Yes, by paying the additional prescribed fee.
Useful official resources
- The Patents Act, 1970
- IP India patent e-filing portal