Rule 24B 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.
Rule 24B sets the time within which an applicant must ask for examination (Form 18), how the Controller refers the application to an examiner, how fast the examiner's report and the first statement of objections must follow, and how long the applicant has to put the application in order for grant. The Patents (Amendment) Rules, 2024 cut the main period from forty-eight to thirty-one months for applications filed after they commenced.
A request for examination is made in Form 18 within thirty-one months from the date of priority or the date of filing, whichever is earlier (rule 24B(1)(i), as amended in 2024). An application filed before the 2024 Rules commenced keeps the earlier period (new clause (vi)). The Controller issues the first statement of objections within one month of disposing of the examiner's report (rule 24B(3)), and the applicant has six months from its issue to put the application in order, extendable by three months on Form 4 (rule 24B(5) and (6)).
What changed in 2024
The Patents (Amendment) Rules, 2024 (G.S.R. 211(E), 15 March 2024) made three changes to rule 24B:
- In sub-rule (1), "forty-eight months" was replaced by "thirty-one months" wherever it occurs.
- A new clause (vi) was added to sub-rule (1): notwithstanding anything in the sub-rule, for an application filed before the commencement of the Patents (Amendment) Rules, 2024, the period for making the request for examination under section 11B(1) is the period specified under the sub-rule before that commencement.
- In sub-rule (6), "specified under sub-rule (5)" was replaced by "specified herein".
The rule below is written as it now reads.
Sub-rule (1): when to ask for examination
Rule 24B carries out section 11B of the Act. For the Act, see our article on section 11B of the Patents Act, 1970.
| Clause | Request | Period (as amended in 2024) |
|---|---|---|
| (i) | Request for examination under section 11B, in Form 18 | Within thirty-one months from the date of priority or from the date of filing, whichever is earlier |
| (ii) | Request under section 11B(3) | Thirty-one months from the date of priority if applicable, or thirty-one months from the date of filing |
| (iii) | Request under section 11B(4) | Within thirty-one months from the date of priority or filing, or within six months from the date of revocation of the secrecy direction, whichever is later |
| (iv) | Application as filed according to the Explanation under section 16(3) (further application) | Within thirty-one months from the date of filing or from the date of priority of the first mentioned application, or within six months from the date of filing of the further application, whichever is later |
| (v) | Applications filed before 1 January 2005 | The period under section 11B before the Patents (Amendment) Act, 2005, or the period under these rules, whichever expires later |
| (vi) | Applications filed before the 2024 Rules commenced | The period specified under the sub-rule before that commencement |
Clauses (ii) to (iv) are printed in the consolidated text with "forty-eight months", and the 2024 substitution applies "wherever they occur" in the sub-rule, so those clauses now read thirty-one months. Clause (vi) protects applicants who filed earlier; the text of the Rules does not restate the older period in figures, and the consolidated text before the amendment shows forty-eight months.
If you are counting a deadline for an existing application, check the filing date against the commencement of the 2024 Rules first. Our patent examination request service can confirm which period applies to your application and file Form 18 on time. For a general walk-through, see our guide on how to file Form 18.
The request is a "request for examination" in the sense of rule 2(db); see our article on rules 1 and 2. A national phase application can ask for early processing under rule 20(4)(ii) with the same Form; see rule 20.
Fee
As per the First Schedule as substituted in 2024, entry 28(i) (request for examination under section 11B, Form 18) is 4000 in the e-filing column for a natural person, startup, small entity or educational institution and 20000 for others; physical filing is 4400 and 22000. The entry cites "rule 24(1)", whereas the rule is 24B(1); this slip survives in the 2024 table. For requests under rule 20(4)(ii), entry 28(ii) is 5600 and 28000 for e-filing and 6150 and 30800 for physical filing. See our article on rule 7 for the columns. Part of the fee may be refunded on withdrawal before the first statement of objections; see rules 26 and 27.
Sub-rule (2): referral to the examiner
- (i) Where a request for examination has been filed under sub-rule (1) and the application has been published under section 11A, the Controller shall refer the application, specification and related documents to the examiner, in the order in which the request is filed.
- First proviso: for a further application under section 16, the order of reference is the same as that of the first mentioned application.
- Second proviso: if the first mentioned application has already been referred for examination, the further application shall be accompanied by a request for examination, be published within one month and be referred to the examiner within one month from the date of publication.
- (ii) The examiner shall make the report under section 12(2) ordinarily within one month but not exceeding three months from the date of reference by the Controller.
- (iii) The Controller shall dispose of the examiner's report ordinarily within one month from the date of its receipt by the Controller.
Our article on section 12 of the Patents Act, 1970 explains the examiner's report.
Sub-rule (3): first statement of objections
A first statement of objections, with any documents required, shall be issued by the Controller to the applicant or the authorised agent within one month from the date of disposal of the examiner's report by the Controller. The proviso says that where the request for examination was filed by a person interested, only an intimation of such examination may be sent to that person.
Sub-rule (4): order of replies
The reply to the first statement of objections, and any subsequent reply, shall be processed in the order in which it is received. The Rules prescribe no Form for the reply to the first statement of objections. See our guides on responding to the first examination report and on common rejections and how to overcome them.
Sub-rules (5) and (6): time to put the application in order
- (5) The time for putting the application in order for grant under section 21 is six months from the date on which the first statement of objections is issued to the applicant to comply with the requirements.
- (6) That time may be further extended for three months on a request in Form 4 with the prescribed fee, made to the Controller before the expiry of the period in sub-rule (5). The 2024 amendment changed the reference to "specified herein".
As per the First Schedule as substituted in 2024, entry 4(iii) covers the request under sub-rule (6), per month: 1000 in the e-filing column for a natural person, startup, small entity or educational institution and 4000 for others; physical filing is 1100 and 4400. The Act side is in our article on section 21 of the Patents Act, 1970.
A worked example
Kaveri AgriTech files an application on 1 June 2025 with no foreign priority. Its request for examination in Form 18 is due within thirty-one months from 1 June 2025, that is, by about 1 January 2028. It files the request at month 20. The Controller refers the application to the examiner in the order in which requests were filed. The examiner reports ordinarily within one month, and in any case within three months, of reference. The Controller disposes of the report within about a month and issues the first statement of objections within a month after that. From the issue date, Kaveri has six months to put the application in order and can ask for three more months on Form 4 before the six months end, paying the entry 4(iii) fee per month.
An applicant who filed before the 2024 Rules commenced would use clause (vi) and the earlier period.
Where this sits in prosecution
For the full journey, see our overviews of the patent examination process and the prosecution timeline. Applicants who need speed should read rule 24C on expedited examination.
Need help with the examination request?
The examination request period is fixed by the rule, so the dates need to be tracked from the day of filing. If you would like us to diarise the dates, prepare Form 18 and manage the reply to the statement of objections, you can talk to us about patent examination request support.
Key takeaways
- Form 18 must be filed within thirty-one months from the earlier of priority and filing dates, for applications filed after the 2024 Rules commenced.
- Applications filed before commencement keep the earlier period (clause (vi)).
- The examiner reports ordinarily in one month, not exceeding three; the first statement of objections follows within one month of disposal.
- The applicant has six months from issue of the statement to put the application in order, plus three months on Form 4.
- Entries 28(i) and 4(iii) of the 2024 First Schedule give the fees.
- Check amendments after the Second Amendment Rules, 2024.
Read next
- Rule 24C: expedited examination of patent applications
- Rules 24, 24A and 25: publication and early publication
- Patent examination process: request, FER, hearing
- Section 11B of the Patents Act, 1970: request for examination
Disclaimer: Based on the Patents Rules, 2003 as consolidated up to 21 September 2021 and as amended by the Patents (Amendment) Rules, 2024 and the Patents (Second Amendment) Rules, 2024, as consulted on 2 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.