Expedited Examination explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Expedited examination lets an eligible applicant jump the queue of ordinary requests. Paragraph 09.01.01 of the Manual lists the eligible classes, describes how the request is filed and processed, and sets out the timelines the Office works to. This article reads those paragraphs from the applicant's side.
A request for expedited examination is made on Form 18A, with the fee, by electronic transmission only, and only on one of the ten grounds the Manual lists: for example start-up, small entity, a woman applicant (all natural persons), Government bodies, or India as the searching authority. If it does not comply, it is processed as an ordinary request from the date it was filed. The Manual is the Patent Office's guidance and does not have the force of law; the Patents Act, 1970 and the Patents Rules, 2003 as now in force prevail, and the rule post prevails on the eligible classes and periods.
Check the current Manual on ipindia.gov.in. The rule is in rule 24C; eligibility terms are in the rule 2 definitions of small entity and start-up. For filing support, see our patent examination request service, and for the form see Form 28 and expedited examination for start-ups.
The eligible classes (09.01.01)
The Manual lists the grounds as they stood in 2019. They match the grounds in rule 24C as consolidated in our rule post; where the rule text is amended later, the rule prevails.
| Ground | Who or what |
|---|---|
| (a) | India chosen as the competent International Searching Authority, or elected as International Preliminary Examining Authority, in the corresponding international application |
| (b) | The applicant is a start-up |
| (c) | The applicant is a small entity |
| (d) | A natural person, or joint applicants who are all natural persons, with the applicant or at least one of them a woman |
| (e) | A department of the Government |
| (f) | An institution established by a Central, Provincial or State Act, owned or controlled by the Government |
| (g) | A Government company under the Companies Act, 2013 |
| (h) | An institution wholly or substantially financed by the Government |
| (i) | An application in a sector notified by the Central Government on the request of a department head, after public comments |
| (j) | An applicant eligible under an arrangement between the Indian Patent Office and a foreign office; patentability remains under the Act |
The Manual says the request is filed by authenticated electronic transmission only, within forty-eight months from filing or priority, whichever is earlier. That figure belongs to the same 2019 text that was changed in 2024 for the request for examination, so do not rely on it. See our article on the request for examination and rule 24B for the position as now in force.
How the Office handles the request
- Form and fee. Form 18A with the fee, filed electronically.
- Conversion. A request already filed under rule 24B can be converted to expedited examination by paying the relevant fees and filing the required documents.
- Publication. If the application has not been published and no early publication request exists, Form 9 with the fee is filed with Form 18A.
- Non-compliance. A request that does not meet the rule is processed as a normal request, with intimation to the applicant, and is treated as filed on the date the expedited request was filed.
- Referral. The Controller refers expedited requests to the examiner in the order the requests were filed.
- Start-ups. A start-up's request is not questioned merely because it has ceased to be a start-up after filing.
- Numbers. The Office's request numbering uses a separate prefix for expedited requests, as the Manual explains in its initial processing paragraph.
The Manual's form numbers are as printed in 2019; check them against the list of forms.
The timelines the Manual states
| Step | Period in the Manual |
|---|---|
| Examiner's report | Ordinarily one month, not exceeding two months from reference |
| Controller disposes of the examiner's report | One month from receipt |
| First statement of objections | Within fifteen days from disposal of the report |
| Replies | Processed in the order received |
| Putting the application in order for grant | Six months from issue of the first statement |
| Extension | Three months on a request in Form 4 with fee, made before the six months expire |
| Final disposal | Within three months from the last reply or the last date to put in order, whichever is earlier; not applicable where there is a pre-grant opposition |
| Annual limit | The Controller may limit the number of requests received in a year by a notice in the official journal |
These periods agree with the rule post. Fee amounts are not stated in this article; they are in the First Schedule as now in force.
What the examiner checks and how to prepare
The Office first checks whether a listed ground applies and whether the evidence is on file. A start-up needs recognition and a small entity needs the evidence Form 28 relies on; see Chapter 3 on documents required for filing. Where the ground is India's role in the PCT, the applicant should point to the international application record. A woman applicant must be a natural person, or all joint applicants must be natural persons and at least one a woman: on its wording, a company applicant does not fall under that ground.
| Common defect | How it is cured |
|---|---|
| Request not filed electronically | Re-file electronically |
| No ground shown, or evidence missing | File the evidence; otherwise the request is processed as a normal one |
| Application not published | File Form 9 with the fee with Form 18A |
| Start-up status doubted | The Manual says a later change of status cannot be the sole ground for questioning |
The reply rhythm matters as much as the request. Because the first statement of objections arrives quickly, the applicant should have a draft reply approach ready and diarise the six-month period. Our guide to the response to the first examination report helps.
Worked example
Nirmal Tech Pvt Ltd, a recognised start-up, files an application and an early publication request, then files Form 18A electronically with the start-up evidence. The Office refers the file to the examiner in the order of the expedited request. The first statement of objections follows quickly, and the applicant files its reply within the period; had the company ceased to be a start-up in the meantime, the Manual says the request would not be questioned on that ground alone.
Need help with an expedited request?
Speed only helps if the ground, the evidence and the reply are ready. Our patent examination request team can check eligibility, file Form 18A and plan the reply to the first statement of objections.
Key takeaways
- Expedited examination is on Form 18A, electronically, and only on one of ten listed grounds.
- A non-compliant request is processed as an ordinary request from its filing date.
- A request for examination already filed can be converted by paying the relevant fees.
- The Office's timelines are short: a first statement of objections follows within weeks, and six months are allowed to put the application in order.
- The rule post prevails on classes and periods where the Manual differs.
Read next
- Chapter 9: the request for examination and the 31-month period
- Chapter 9: reference to the examiner, search and novelty
- Rule 24C: expedited examination
- Form 28: patent filing for start-ups and expedited examination
Disclaimer: Based on the manuals and guidelines published by the Office of the Controller General of Patents, Designs and Trade Marks that are named in the article, as consulted on 4 October 2026. They are guidance and do not have the force of law; the Patents Act, 1970 and the Patents Rules, 2003 as amended (including the 2024 amendment rules) prevail, and the current versions on ipindia.gov.in should be checked. This article is general information, not legal advice; check the official text before acting.