Patent Examination Request —
Activate Examination &
Move Toward Grant
Filing the patent application is not enough — examination must be actively requested. Without a Request for Examination (Form 18), your application sits unpublished and unexamined indefinitely, and is deemed abandoned at 48 months. TaxClue files Form 18 at the strategically optimal time to maximise grant speed and protection.
File Request for Examination
Form 18 filed within ✅ 2–3 working days
4 Patent Deadlines That Cannot Be Missed
Unlike provisional filings and FER responses, these deadlines operate by law — missing them means automatic abandonment with no remedy.
Application Filing
The foundation — your priority date is established here. All subsequent deadlines run from this date.
Publication (18 Months)
Automatic at 18 months from priority date. Early publication possible via Form 9 — useful to start examination sooner.
Form 18 — Exam Request
Must be filed within 48 months of priority date. No extension. If missed — application is abandoned. TaxClue files at Month 30–36 to balance speed and strategic delay.
FER Response
After the First Examination Report is issued, you have 12 months to respond with arguments and amendments. No extension without sufficient cause shown.
Standard Examination vs Expedited Examination (Form 18A)
When to File Form 18 — 4 Strategic Scenarios
The timing of your Form 18 filing is a strategic decision. Filing too early costs money before commercial viability is proven. Filing too late risks abandonment and competitor gaps.
File Early — Month 1–6 (Expedited Track)
Best for startups and DPIIT-recognised entities who qualify for Form 18A. Faster grant = faster enforcement rights. Useful when a competitor is likely infringing and you need the granted patent for litigation. Also recommended when seeking licensing revenue quickly or raising funds where granted patent is more valuable than pending.
File at Publication — Month 18
Most common strategic timing. Filing Form 18 at or just after publication (18 months) ensures you enter the examination queue promptly. Allows 18 months to assess whether the market justifies examination costs. Examination result typically arrives 2–3 years from filing, which aligns well with typical product launch timelines.
File After Commercial Proof — Month 24–36
Best for inventors unsure of commercial viability. Deferring Form 18 gives more time to test the market, find a licensee, or raise investment before committing to examination fees. Patent remains "pending" status throughout — enforceable from grant even if filed late. Must be filed before Month 48.
Never Miss Month 48 — File by Month 45 at Latest
The absolute safest approach — TaxClue files Form 18 by Month 45 for any application where the client has not yet made a decision. This provides a 3-month buffer against administrative delays while ensuring the 48-month deadline is never breached. Once breached, the application is abandoned with no remedy.
Filing Form 18 with TaxClue — 4 Steps
Application Review
TaxClue reviews the application number, filing date, applicant category, and eligibility for expedited examination (Form 18A) vs standard (Form 18).
Day 1Form 9 (if required)
If early publication is required, Form 9 is prepared and filed simultaneously — triggering publication earlier than the automatic 18-month date to start the examination clock faster.
Day 1–2Form 18 / 18A Prepared
Form 18 (or Form 18A for expedited) prepared with correct applicant details, application number, and supporting documentation for eligibility (startup certificate, DPIIT recognition, etc.).
Day 1–2Filed on IPO Portal
Form 18 / 18A filed on the Indian Patent Office e-filing portal with govt. fee paid. Filing acknowledgement received. Application enters the examination queue. FER expected 12–24 months.
Day 2–3💰 Government Fees — Form 18 & Form 18A
The same fee applies for both Form 18 (Standard) and Form 18A (Expedited). Startups pay 1/5th of large entity fees.
| Applicant Category | Form 18 Fee (Physical) | Form 18 Fee (E-filing) | Form 18A Fee |
|---|---|---|---|
| Individual / Startup | ₹4,000 | ₹3,600 | ₹3,600 |
| Small Entity / MSME | ₹10,000 | ₹9,000 | ₹9,000 |
| Large Entity / Company | ₹20,000 | ₹18,000 | ₹18,000 |
| Educational Institution | ₹4,000 | ₹3,600 | ₹3,600 |
* 10% e-filing discount applies. DPIIT startup certificate required for startup rates. TaxClue assists with applicant category determination.
❓ Frequently Asked Questions
Under Rule 24B of the Patents Rules, 2003, an application for which the Request for Examination is not filed within 48 months from the date of filing/priority is treated as withdrawn. This is automatic — no notice is issued, no opportunity to cure. The application is deemed to have never been filed for all practical purposes. There is no restoration or revival mechanism for this specific abandonment. The only option is to file a fresh application — but the priority date is the new filing date, and all intervening prior art (including the now-lapsed original application once published) counts against novelty.
Form 18A (Expedited Examination) is available to: (1) Startups as defined under the Startup India scheme and recognised by DPIIT; (2) Small entities; (3) Applicants who are natural persons (female inventors get priority treatment); (4) Applicants where the government has an interest in the invention; (5) Applicants who selected India as the International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA) in a PCT application; (6) Applicants working the invention in India. TaxClue assesses eligibility and prepares the supporting documentation required for Form 18A.
It depends on timing. If your application has already been published (18 months have passed), Form 9 is not needed. If less than 18 months have passed since filing, Form 9 triggers early publication — making the application public immediately rather than waiting for the automatic 18-month publication. Early publication is useful when: you want to establish a published date for commercial or licensing purposes, or when you want to combine early publication with Form 18 so examination starts as soon as the application is published. TaxClue advises on whether Form 9 is strategically beneficial in your specific situation.
Yes — under Section 11B(1)(b) of the Patents Act, any person (not just the applicant) can file a Request for Examination. This is relatively rare but can occur when a competitor wants the application examined (and potentially rejected) before it gets too old or the applicant decides to abandon it. It also means that even if you haven't decided whether to proceed, a third party could trigger examination of your application. TaxClue monitors the status of clients' applications for any third-party examination requests.
⚠️ Form 18 Mistakes to Avoid
These errors are commonly made — and some permanently destroy patent rights:
- Missing the 48-month Form 18 deadline — application abandoned with no remedy, priority date permanently lost
- Filing as "large entity" when startup or MSME rates apply — paying 5× the necessary fee
- Not checking Form 18A eligibility — paying for standard when expedited track is available
- Not filing Form 9 when early examination start is desired — waiting 18 months unnecessarily for publication
- Filing Form 18 before publication without Form 9 — creates procedural inefficiency in queue entry
- Losing track of the deadline when the patent agent changes — TaxClue performs a status audit on all client applications at onboarding
Complete Patent Journey with TaxClue
Complete Specification
File the complete specification — the document that gets examined.
Learn More →Patent Objection Reply
Respond to the First Examination Report — argue, amend, and defend your claims.
Learn More →Don't Let Your Patent Application Lapse — File Form 18 Now
Your patent application generates no rights until examination is requested. TaxClue files Form 18 at the optimal strategic time — and never misses the 48-month absolute deadline that abandons your application with no remedy.
🔒 Confidential · 4.9★ · Standard & Expedited Tracks · Form 9 Early Publication · 48-Month Deadline Never Missed