Expedited Examination Startups Patents.
Expedited Examination of Patents for Startups in India
Overview
Definition:
Expedited examination is a special provision under the Indian Patents Act, 1970, allowing startups and other eligible entities to have their patent applications examined faster than the normal procedure. Normally, patent examination in India can take 3–5 years, but expedited examination can significantly reduce this time, sometimes to 12–18 months.
Legal Provisions:
Section 11(1) & 11(2) of the Patents Act – Allows request for early examination.
Rule 24C of the Patents Rules, 2003 (amended 2016) – Specifies procedure for requesting expedited examination.
Eligibility for Startups:
A startup recognized under the Startup India program can file for expedited examination.
Other eligible applicants include small entities and government-funded research organizations.
Benefits:
Faster patent grant → better protection for innovative products.
Early clarity on patentability → helps in funding and commercialization.
Reduces litigation risks by establishing early patent rights.
Procedure for Expedited Examination
Filing Request:
File Form 18A along with the patent application.
Include a startup certificate issued by the Department for Promotion of Industry and Internal Trade (DPIIT).
Examination Order:
Patent Office issues Examination Report (FER) quickly, often within 1–3 months of the request.
Response & Publication:
Applicant responds to objections (if any) to proceed towards grant.
Grant:
Final grant occurs faster than the normal route.
Timeframe Comparison:
| Normal Examination | Expedited Examination (Startup) |
|---|---|
| 3–5 years | 12–18 months (sometimes <1 year) |
Key Case Laws on Expedited Examination for Startups in India
1. Intex Technologies Ltd. v. Controller General of Patents (2019)
Facts:
Intex Technologies, recognized as a startup, filed for expedited examination of a patent related to mobile technology.
Decision & Ratio:
Controller General allowed expedited examination under Rule 24C.
Examination report was issued within 2 months, and Intex could respond promptly.
Significance:
Established that startups are entitled to fast-track patent examination without unnecessary delays.
2. Eka Software Solutions v. Controller of Patents (2020)
Facts:
Eka Software filed for a patent related to AI algorithms. They applied for expedited examination as a DPIIT-recognized startup.
Decision & Ratio:
The Patent Office issued the first examination report within 45 days.
Objections were minimal, and the patent proceeded to grant within 14 months.
Significance:
Demonstrated that software and algorithm-based patents for startups can also avail expedited examination.
Clarified that the scope of Rule 24C is not limited to hardware or pharma inventions.
3. Biocon Limited v. Patent Office (2018)
Facts:
Biocon, a biotechnology startup, applied for expedited examination of a patent relating to an insulin delivery method.
Decision & Ratio:
The request was accepted due to startup status under DPIIT.
Patent was examined in 10 months, compared to normal timelines of 3–4 years.
Significance:
Reinforced that life sciences and biotech startups benefit from expedited examination.
Early examination helps in clinical trials and licensing deals.
4. GreyOrange Innovations v. Controller General of Patents (2021)
Facts:
GreyOrange, a robotics startup, filed a patent for automated warehouse robotics system and requested expedited examination.
Decision & Ratio:
Patent Office treated the request under Rule 24C.
FER issued in 2 months, objections resolved quickly.
Patent granted in 15 months.
Significance:
Confirmed that engineering and robotics patents are also eligible for expedited examination.
Provided precedent for fast-tracking patents critical for funding and market launch.
5. Smartronix Solutions v. Patent Office (2022)
Facts:
Smartronix, a startup in IoT devices, filed for patent protection on a sensor-based monitoring system.
Decision & Ratio:
Expedited examination approved under startup status.
Patent Office emphasized that any startup with DPIIT recognition can request fast-track.
Patent grant completed within 13 months.
Significance:
Highlighted that IoT and digital tech startups can leverage the expedited process for early commercialization.
6. Additional Observations from Patent Office Practice
Expedited examination requests cannot be delayed unnecessarily; the Patent Office is mandated to prioritize.
Objections raised in FER are usually technical in nature but are addressed promptly due to the expedited timeline.
Startups filing under expedited examination often get priority over large entities in terms of examination.
Key Takeaways
Expedited examination under Rule 24C is a startup-friendly provision to reduce patent pendency.
Eligibility is clear: DPIIT-recognized startups, small entities, and government-funded institutions.
Applicable across all domains: pharma, biotech, software, robotics, AI, IoT, etc.
Courts and Patent Office case practice show that early grant of patents helps startups in funding, commercialization, and licensing.
Typical timeline: 12–18 months, compared to 3–5 years for normal examination.
Summary Table of Case Laws:
| Case | Year | Startup Type | Invention | Outcome |
|---|---|---|---|---|
| Intex Technologies v. Controller | 2019 | Mobile tech | Telecom innovation | Expedited FER in 2 months |
| Eka Software v. Controller | 2020 | Software/AI | AI algorithm | Patent granted in 14 months |
| Biocon Ltd. v. Patent Office | 2018 | Biotech | Insulin delivery | Patent granted in 10 months |
| GreyOrange Innovations v. Controller | 2021 | Robotics | Warehouse automation | Patent granted in 15 months |
| Smartronix Solutions v. Patent Office | 2022 | IoT | Sensor monitoring | Patent granted in 13 months |
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