The 2016 amendments were the most consequential change to Indian patent practice in a decade — introducing startups as a fee category, cutting the time to answer an examination report in half, and creating expedited examination for the first time.
Following publication of the Draft Patent (Amendment) Rules, 2015 on 26 October 2015 for public comment, the CGPDTM issued a public notice on 14 May 2016, and the Patents (Amendment) Rules, 2016 were published in the official gazette and came into force on 16 May 2016.
Recognition of startups
The Rules defined startups in line with the Startup India Action Plan: an entity less than 5 years old, with annual turnover under ₹25 crore in any financial year, working towards innovation, development, deployment or commercialisation of new products, processes or services driven by technology or intellectual property. To prevent abuse, entities formed by splitting an existing business cannot claim startup status.
Startups were placed legally on par with natural persons, meaning startups pay the lowest of the three tiers of fees.
Since updated: the startup definition has moved with the Startup India policy — the threshold is now 10 years from incorporation and turnover up to ₹100 crore. The 2024 Rules also extended concessional treatment further and introduced additional reductions.
Capped sequence listing fees
The maximum official fee for sequence listing was fixed at ₹1,20,000, effectively capping payment at roughly 150 pages. This was a significant improvement for biotech applicants, who had previously faced a per-page fee with no ceiling.
Reply to the First Examination Report
The time to respond to a First Examination Report was reduced from 12 months to 6 months, for FERs issued on or after 16 May 2016. The deadline can be extended by 3 months on request with the prescribed fee, made before the six-month period expires.
This remains the position — six months, extendable by three.
Expedited examination
Introduced for the first time, available where the applicant had selected India as the International Searching Authority or International Preliminary Examining Authority in the corresponding international application, or where the applicant is a startup. A regular request could be converted by paying the balance fee.
If accepted, the FER issues within three and a half months, with six months to reply (extendable by three). The Controller must dispose of the application within three months of the last reply, or of the last date for putting the application in order. The Controller may limit the number of expedited requests received in a year.
Since expanded: the eligible categories were broadened considerably in 2019 to include small entities, female applicants, government undertakings, applicants under a Patent Prosecution Highway arrangement, and others — making expedited examination a mainstream option rather than a narrow one.
Amendments to international applications
To help national phase applicants avoid paying excess official fees for claims unlikely to be granted in India, applicants may include amendments made under Article 19 or Article 34 of the PCT, and delete claims in accordance with the relevant rule.
Refund of excess fees
The Rules provide for refund where a fee is paid more than once during online filing. Refund is also available on withdrawal of the application via Form 29, where the request for examination has been filed but the first statement of objections has not issued.
Hearings by video conference
Hearings may be held through video conferencing or similar means — a substantial help to applicants outside India, and a way to reduce adjournments caused by unavailability of the applicant or counsel.
Adjournment requests must be made 3 days before the hearing; adjournments are limited to two, each not exceeding 30 days. Written submissions after the hearing must be filed within 15 days.
Electronic filing and power of attorney
Patent agents and applicants must file all required documents electronically, with originals filed within 15 days. The Power of Attorney must be filed within 3 months of the application, and no action is taken on the application until the original POA is filed.
The direction of travel
Making electronic filing mandatory and providing for video-conference hearings showed India moving towards digitisation. The Rules were beneficial to applicants and startups in particular — while also shifting some responsibility for delay onto applicants, through the shortened reply period and limits on adjournments.
That trade — faster process in exchange for tighter applicant deadlines — has continued since. The 2024 Rules carried it furthest, cutting the request for examination deadline from 48 to 31 months from priority, while simplifying compliance elsewhere. Anyone working from a pre-2024 checklist should re-verify their deadlines.
The takeaways
- Startups became a fee category — now 10 years and ₹100 crore under current policy.
- Six months to reply to an FER, extendable by three.
- Expedited examination was introduced — and its eligible categories much widened since 2019.
- E-filing and video hearings became standard — and the RFE deadline is now 31 months.
Frequently asked questions
How long do I have to reply to a First Examination Report in India? Six months from the date of the report, extendable by a further three months on request made before the six-month period expires.
Who can request expedited examination? Originally startups and applicants selecting India as ISA or IPEA; the categories were widened in 2019 to include small entities, female applicants, government undertakings and PPH applicants, among others.
When must the Power of Attorney be filed? Within three months of filing the application — no action is taken on the application until the original is filed.
Do the 2016 startup criteria still apply? No — the startup definition now follows the current Startup India policy, at 10 years from incorporation and turnover up to ₹100 crore.