Patent

Indian Patent Office – Expedited Examination – Does it in Record Time


 

Our patent office had initiated the expedited examination procedure last year under the revised rules 2016.  This program has yielded excellent results and some patents already granted.  One of them has been granted in record time of less than 4 months.  This is remarkable as if I exclude the time taken by the applicant to respond, the patent office took only 19 days. This is less than a month! Great going and three cheers for our patent office!

About the patent: This is IN2885091 granted for ‘A process for the preparation of Apixaban’.  In this the request for expedited examination was filed on 21.03.2017 and the first examination report (FER) issued in less than two weeks: 31.03.2017.  The reply to the FER was filed some time later on 04.05.2017 with a hearing on 23.06.2017, and further written submissions made on 03.07.2017.  The patent issued on 12.07.2017.

These timelines bring our patent office in line with the global practices.  As is the norm in the US / Korea etc. under the Patent prosecution highway or otherwise, expedited examination is fast.  The Indian patent office has gone ahead and made it lighting fast!

About the expedited examination procedure:  Expedited examination is done under Rule 24C on form 18A on the grounds that either the applicant is a startup or that India is the designated search authority or the international preliminary examining authority.

A normal request for examination (done under Rule 24B) can be converted to one for expedited examination by paying the relevant fees and submitting the documents.

 

 

Rajiv Kr. Choudhry

Rajiv Kr. Choudhry

Rajiv did his engineering from Nagpur University in 2000 in electronics design technology. He has completed his LL.B. from Delhi University, Law Center II in 2006, while working as an engineer at ST Microelectronics in NOIDA. After his LL.B., he went on to The George Washington Univeristy, Washington DC to do his LL.M. in 2007. After his LL.M., he has worked in the US at a prestigious IP law firm based out of Philadelphia. Till 2014, he was Of-Counsel to a Noida based IP law firm where he specialized in advising clients on wireless, telecommunication, and high technology. Rajiv is a co-founder of RHA Legal, a New Delhi based law firm specializing in IP law, with a focus on high - technology, and patent law. His core IP interest areas are the intersection of technology and IP, Indian IP policy, innovation, and telecommunications patents. He is also an inventor with pending applications in machine-to-machine communications domain (WO2015029061).

3 comments.

  1. SHAKLAIN KHURSHID

    I appreciate the efforts of the patent office for granting IN2885091 in just four months time.

    Patent office has proved its efficiency but from now onward we either as applicant or attorney ensure to enlist all the related prior arts in the background of the application for patent which will help our examiners to understand the claimed subject matter therein very well. This further will help a very smooth kind discussion. All i meant was we as applicant or attorneys can help the patent office in increasing their efficiency.

    Reply
  2. Parashuram Guntakal

    My patent application no 466/CHE/2013 is awaiting examination from 2013. It is nearly four years under examination. Is it normal? How do I change over to the fast lane?

    Reply

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