#Cost of filing a patent in India by Expedited route :
We would compare the Expedited (Faster) Route with the Normal route here. Make sure you have already seen the section on the Cost of filing a patent in India by the normal route to understand this comparison.
The grant of a patent by the Normal route takes more than 2 or 3 Years.
Although, after filing of the patent application, that is receiving patent pending or patent applied status and patent application number; you can do most of the things like:
disclosing the patented invention without fear of losing its confidentiality (since the patent is already filed and we secured the priority date already)
testing the commercial worth of invention
demonstrating invention to other businesses or parties
selling invention in the market
presenting information in seminar or conferences
talking to investors or bankers for funding etc…
However, you can not stop others until you have granted a patent in India (or the respective country of your interest)
Hence sometimes you may decide not to wait for 2-3 years or even more time for the grant of a patent by the normal route and you may decide to go for an expedited (faster) route explained in detail below.
This request for expedited examination is an application filed by a patent applicant in the Government patent office to expedite the examination of the patent application. This request is made by using Form 18AFees for expedited examination
Other than a small entity
Request for expedited examination
A patent applicant is a start-up (as defined by patent rules)
The patent applicant has filed a PCT Patent cooperation treaty (international application) and selected India as a designated country as either International Searching Authority (ISA) or as an International Preliminary Examining Authority (IPEA)
If the applicant or co-applicant is a woman
“Startup” means (a) an entity in India recognized as a startup by the competent authority under the Startup India initiative.
(b) In case of a foreign entity, an entity fulfilling the criteria for turnover and period of incorporation/registration as per the Startup India Initiative and submitting a declaration to that effect.
According to the Patents (Amendment) Rules, 2016 startups were defined as
entities that are working towards innovation, development, deployment, or commercialization of new products, processes, or services driven by technology or intellectual property where more than five years have not been elapsed from the date of incorporation/registration with a maximum turnover of INR 25 crore per year.
However, according to the Patent (Amendment) Rules, 2017, a startup can be an Indian entity recognized as a startup by the competent authority under the Startup India Initiative or a foreign entity that fulfills criteria for turnover and period of incorporation/registration as per Startup India Initiative.
Under Startup India Initiative a Startup fulfills the following criteria:
incorporated as a private limited company or registered as a partnership firm or a limited liability partnership in India;
incorporated or registered in India not prior to ten years;
turnover for any of the financial years since incorporation/ registration has not exceeded INR 100 crores;
has not been formed by splitting up or reconstruction of a business that was already in existence; and
working towards innovation, development, or improvement of products or processes or services, or if it is a scalable business model with a high potential of employment generation or wealth creation.
If you are an individual or group of individual inventors or a legal entity other than a startup, you can go for a request for expedited examination if ” you filled a PCT Patent cooperation treaty (international application) and selected India as a designated country as either International Searching Authority (ISA) or as an International Preliminary Examining Authority (IPEA)”
The main advantage is the very short time required till the grant of the patent when we compare it with the normal route. This benefit of requiring less time from filing to grant (in some cases less than 1 year) is because of the following things:
The patent applications with request for expedited examination are taken on separate queue, hence would be examined much quicker than the normal route
Shorter timelines for each step along the way from filing a request for expedited examination till grant of patent.
Note: in some cases, the patent application is examined and the First examination report can be expected within 6 months, and if you (applicant) is proactive in responding to objections and taking required steps in a timely manner the patent can be granted within 1 to 1.5 year.
If you want to file a patent through the professionals too, let The Legal Bank & Zumosun help you integrate your patent filing and grant the patent so your business and career can grow faster and make more accurate decisions. Save time and plan for the future of your business & career. Visit us on Zumosun / TheLegalBank or contact +91-9116098980/9119112929
Prakash Chand Sharma
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