Patent Procedure In India

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Frequently Asked Questions About the Indian Patent Process

Under the newly amended Patent Rules, a Request for Examination (RFE) must be filed within 31 months from the priority date or the date of filing, whichever is earlier. This is a significant recent shift from the previous 48-month timeline. If the applicant fails to file the RFE (Form 18) within this strict 31-month statutory period, the Indian Patent Office will automatically treat the patent application as withdrawn.
By default, an Indian patent application is published in the official Patent Office Journal after the expiry of 18 months from the date of filing or date of priority, whichever is earlier. However, if an applicant wishes to fast-track their commercialization or enforcement rights, they can file a request for early publication (Form 9). Once Form 9 is filed, the Patent Office typically publishes the application within one month.
Once the Indian Patent Office issues a First Examination Report (FER), the applicant has a strict deadline of 6 months to file a comprehensive compliance response addressing all objections. If more time is required to amend claims or gather evidence, the applicant can request a time extension of up to 3 months by filing Form 4, but this extension must be requested before the initial 6-month period expires.

A pre-grant opposition can be filed by any person at any time after the application is published but before the patent is actually granted, whereas a post-grant opposition can only be filed by an “interested person” within exactly 12 months after the grant is published. Pre-grant oppositions act as a defensive mechanism to prevent the grant of weak patents, while post-grant oppositions are formal legal proceedings to revoke an already granted patent.

If the Controller of Patents formally refuses an application after the FER compliance and hearing stages, the applicant has the right to file an appeal before the relevant High Court. Following the abolition of the Intellectual Property Appellate Board (IPAB), appeals against the decisions of the Patent Office must now be directed to the High Courts within 3 months from the date of the Controller’s refusal order.