Request for 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.
No patent application is examined until someone asks for it. Paragraph 09.01 of the Manual explains who may make the request, how it is made, what the Manual says about the period, and what follows if no request is filed. The period it states has since been changed.
The request is made by the applicant or another interested person, on Form 18 (or Form 18A for expedited examination), with the fee. The Manual states a period of forty-eight months from the priority or filing date, whichever is earlier; the Patents (Amendment) Rules, 2024 reduced it to 31 months for applications filed after they commenced, and earlier applications keep their earlier period. If no request is made in time, the application is treated as withdrawn. 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.
Check the current Manual on ipindia.gov.in. For the statute and rule, see section 11B and rule 24B. A timing plan should be built into every patent examination request, and the form is explained in Form 18: how to request examination.
What the Manual says (09.01)
The Manual says an application is not examined unless the applicant or any other person interested makes a request, in Form 18 or Form 18A as the case may be, with the fee in the First Schedule. It then states the period: forty-eight months from the date of priority or the date of filing, whichever is earlier, and an application for which no request is filed in that time is treated as withdrawn.
Other points in the paragraph:
| Situation | What the Manual says |
|---|---|
| Secrecy direction under section 35 | The request may be made within six months of revocation of the direction, or within the main period, whichever is later |
| Further (divisional) application under the section 16 Explanation | The period runs from the first application's filing or priority date, or six months from filing the further application, whichever is later |
| PCT national phase application | The Office does not start processing before 31 months from the priority date, unless an express request is made in Form 18 with the fee |
| Unpublished application | An application is not examined unless it is published and a request is filed |
| Request by a person interested | The examination report goes to the applicant only; the interested person gets intimation |
The Manual cites two decisions. In the Nippon Steel Corporation case, as cited in the Manual, the Delhi High Court held that once an application is deemed withdrawn under section 11B(4), the Controller cannot entertain an application to amend it. In the Sphaera Pharma case, as cited in the Manual, the Delhi High Court held that a request for extension of the prescribed time must be made before the time expires.
What has changed since 2019
The 48-month period printed in the Manual is overtaken. The Patents (Amendment) Rules, 2024 replaced it with thirty-one months in rule 24B, and the rule's saving provision lets applications filed before those Rules commenced keep the period that applied before. The rule 24B post sets out the rule, its saving and the later steps; where it differs from the Manual, the rule as now in force prevails. The Manual's description of the national phase position, the divisional period and the secrecy period should be read the same way: treat the Manual as showing the structure and the rule as giving the number. Likewise Form 18 and Form 18A should be checked against the list of forms.
Two points remain useful from the Manual even after the amendment. First, nothing is examined before publication, so a request filed early does not bring the examination forward of publication. Second, a deemed withdrawal is final in the sense the Nippon Steel decision describes, so the decision whether to request is a diary matter and not a formality.
Who should file and when
The applicant normally files. The Manual also lets "any other person interested" ask, which can happen where a third party wants a competitor's application examined; the applicant then receives the report and the person interested is informed. For the applicant, the choice of when to request is strategic: an early request brings the first statement of objections earlier but starts the clock for putting the application in order for grant; a late request defers cost but risks the deadline.
| Question | Practical answer |
|---|---|
| Which date starts the period? | The earlier of the priority date and the filing date, as the Manual says |
| Who can file? | Applicant or another interested person |
| Where does the report go? | To the applicant |
| What if I miss the date? | The application is treated as withdrawn; an extension must be sought before the time expires |
| Do I need publication first? | Yes. The Office will not examine an unpublished application |
| What if I want it faster? | Expedited examination is a separate request; see our article on it |
The checklist before filing the request
- Identify the earliest of the priority and filing dates for the application and any parent.
- Confirm whether the application was filed before or after the 2024 Rules commenced, so the correct period is applied under rule 24B.
- Confirm that the application has been published, or file Form 9 for early publication where needed.
- Prepare Form 18 and the fee, or Form 18A with the supporting evidence for expedited examination.
- Diarise the date with a margin, and diarise the six-month and three-month steps that follow once the first statement of objections issues, which are in the rule post.
Worked example
Gupta Alloys Pvt Ltd files an application on a date after the 2024 Rules commenced, with no earlier priority claim. Reading the Manual alone, its patent agent might diarise forty-eight months. The agent instead checks rule 24B as now in force, diarises thirty-one months from the filing date, files Form 18 with the fee, and the application is referred for examination after publication. Had the application been filed before the 2024 Rules commenced, the earlier period would apply under the saving clause.
Need help with the examination request?
Diary errors cost applications. Our patent examination request team can confirm the correct period for your file, prepare Form 18 or Form 18A and track the steps that follow.
Key takeaways
- The request is made on Form 18 (or Form 18A) by the applicant or another interested person.
- The Manual's forty-eight months is overtaken: the 2024 amendment set 31 months for later applications, with a saving for earlier ones.
- If no request is made in time, the application is treated as withdrawn.
- An extension of time must be sought before the period expires.
- The Act and Rules as now in force prevail over the Manual.
Read next
- Chapter 9: expedited examination
- Chapter 9: reference to the examiner, search and novelty
- Chapters 3 and 4: publication and early publication
- Form 18: how to request 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.