Patent examination procedures encompass several distinct approaches, each tailored to cater to specific circumstances and requirements. Here, we elucidate the different types of patent examination, shedding light on their purposes and timelines.
Express Examination for PCT National Phase Applications:
For applications submitted under the Patent Cooperation Treaty (PCT) as National Phase applications, there exists an option to initiate an express examination before the standard 31-month period elapses. This can be accomplished by remitting the requisite official fee. This streamlined process expedites the evaluation of your patent application, fostering quicker progress.
Regular Examination Timeline:
Typically, within 30 days from the formal request for examination, the Controller will refer the application to an examiner. Subsequently, the examiner is mandated to produce the Examination Report within one month. This entire procedure must conclude within a span of three months from the Controller's referral date.
Rapid Publication Process
Following a request for early publication, the patent application is typically published within a month. This hastened publication serves the purpose of promptly disseminating crucial information about the invention to the public.
Early Publication Requests
In situations where applicants are unwilling to wait for the standard 18-month period from the application filing date for patent application publication, they have the option to make an early publication request by submitting the prescribed fees. This choice expedites the dissemination of information about the patent application
Expedited Examination Timeline
Contrastingly, under the framework of expedited examination, the examiner is obliged to furnish the Examination Report within one month. This timeline is limited to a maximum of two months from the Controller's reference date for examination. This expedited pathway caters to applicants who demand a quicker assessment of their patent applications.
Expedited Examination for Startups and PCT Applicants
Expedited examination extends its privileges to startups and those who have designated India as the International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA) within their PCT application. This provision can greatly accelerate the grant process, offering significant advantages to those seeking swift patent approvals.
