Expedited examination arrived in 2016 available to almost nobody — startups, and applicants who had chosen India as their international searching authority. These amendments opened it to categories that actually cover a large share of Indian filers.
Expedited examination: who became eligible
The significant change. Beyond the existing categories, expedited examination became available to:
- a small entity as defined in Rule 2(fa);
- female applicants, or applications with at least one female applicant among natural persons;
- government undertakings, Indian or their foreign equivalents; and
- applicants eligible under international processing arrangements.
The female applicant category attracted the most attention, reflecting a deliberate effort to encourage women inventors in science and technology. It is unusual as a procedural provision — eligibility turning on who the applicant is rather than what the invention does — and it is genuinely useful, since expedited examination materially shortens the path to grant.
Form 18A was updated so applicants indicate whether they are a small entity, a government undertaking, female or including at least one female natural person, or eligible under international arrangements.
Non-compliance under Rule 24C(4)
A proviso was added for cases where the requirements for expedited examination are not met. Where the requirements are satisfied before the First Examination Report issues, the application proceeds with expedited examination under Rule 24C.
That is a sensible correction — a curable defect no longer costs an applicant the expedited track outright.
Filing international applications
Filing of documents by patent agents must be by electronic transmission, duly authenticated, with originals submitted within a defined period — failing which the filing is deemed not to have been made.
Note the consequence, which is stricter than it first appears: not a fee or an objection, but the filing being treated as never made.
Fees removed
Two charges were eliminated:
- no transmittal fee where filing is done electronically; and
- no fee for preparing a certified copy of the priority document and transmitting it electronically through WIPO DAS.
The WIPO Digital Access Service point is worth acting on. Where priority documents can be exchanged electronically between offices, an applicant avoids both the fee and the administrative work of obtaining and filing certified copies — and removes a common source of missed deadlines.
Opposition benches under Rule 55
For pre-grant opposition, a bench of two members decides jointly. Where they disagree, a third member is nominated and the majority decision is final.
This addresses a real gap: a single deciding officer offers no safeguard against an idiosyncratic view, and a two-member bench without a tie-breaker can deadlock.
In context
These changes sit within a decade of steady procedural reform: the 2014 Rules creating the small entity tier, the 2016 Rules introducing expedited examination and capping sequence listing fees, and the 2024 Rules cutting the request for examination deadline from 48 to 31 months from priority while easing the Section 8 updating obligation.
The direction has been consistent — faster examination, lighter compliance, tighter applicant deadlines. Anyone prosecuting in India should check the current Rules rather than working from any single amendment, including this one.
The takeaways
- Expedited examination widened to small entities, female applicants and government undertakings.
- Curable defects no longer forfeit the expedited track under Rule 24C(4).
- Transmittal and WIPO DAS priority document fees removed.
- Two-member opposition benches with a third member on disagreement.
Frequently asked questions
Who can request expedited examination in India? Categories include startups, small entities, female applicants or applications with at least one female natural person, government undertakings, applicants choosing India as ISA or IPEA, and those eligible under international arrangements.
What happens if expedited examination requirements are not met? Under the proviso to Rule 24C(4), if the requirements are satisfied before the First Examination Report issues, the application still proceeds with expedited examination.
Is there a fee for priority documents through WIPO DAS? No — no fee applies for preparing and electronically transmitting a certified copy of the priority document through WIPO DAS.
How are pre-grant oppositions decided? By a bench of two members deciding jointly, with a third member nominated on disagreement and the majority decision being final.