Examination is requested; it is not automatic

A patent application is examined after a request is made. For applications filed on or after 15 March 2024, Rule 24B generally requires Form 18 within 31 months from the earlier of the priority date or filing date. This replaced the earlier 48-month period for new filings. A transition clause keeps the earlier period for applications filed before the 2024 Rules commenced, so the filing date matters when choosing the clock. Check Rule 24B and the file history rather than applying one date to every portfolio.

The application enters examination after the request and queue position can be affected by its timing. A timely request is essential, but it does not predict the outcome of examination or the date of grant.

Who may request expedited examination?

Rule 24C provides an expedited route through electronic Form 18A, the prescribed fee and supporting evidence. The listed grounds include:

• India was indicated as the competent International Searching Authority, or elected as the International Preliminary Examining Authority, in the corresponding PCT application.
• The applicant is a recognised startup or small entity.
• The applicant is a natural person, or all joint applicants are natural persons, and the applicant or at least one joint applicant is a woman.
• The applicant is a government department, a qualifying government-owned or controlled institution, a government company, or an institution wholly or substantially financed by government.
• The applicant belongs to a sector notified by the Central Government under the Rule.
• The applicant is eligible under a Patent Prosecution Highway arrangement with a participating foreign patent office.

The exact wording and evidence requirements are in Rule 24C. Form 18A must be filed within the period prescribed by Rule 24B. Eligibility should be documented when filing; where joint applicants are involved, check the applicant-category wording carefully. Rule 138 provides a general extension mechanism, but whether it is available for a particular procedural step should be confirmed against the current Rules and the case record. Do not assume an extension has been granted merely because Form 4 is filed.

What happens after the request?

The Patent Office examines the application and issues a first statement of objections where objections remain. Under the current rules, the applicant ordinarily has six months from the first statement of objections to put the application in order for grant, with a further extension of up to three months available on a timely Form 4 request and fee. Check the applicable clock and any live Office direction in the file. Missing the final period can result in the application being treated as abandoned under Section 21.

Expedited examination changes the examination route and timing framework; it does not remove novelty, inventive-step, disclosure or excluded-subject-matter requirements. Nor does an eligible category assure that a patent will be granted.

Practical preparation

Before making the request, confirm the earliest priority date, filing date, applicant status and evidence supporting the selected Form 18A ground. For a PCT matter, check the Indian national-phase record and ISA/IPEA information. Once the first objections arrive, map each issue to the claims, specification and cited documents, and calendar both the response period and any hearing or follow-up date.

For forms and ownership records, see the Indian patent filing checklist. The official Rules resource page lists amendments. The 2025 amendment, effective 25 November 2025, added Chapter XIV-A on adjudication of penalties and appeals; the examination-request periods discussed here remain in Rules 24B and 24C. See the 2025 Gazette notification.

This guide is general information, checked on 10 October 2026. Eligibility, transitional rules and deadlines should be confirmed from the current Rules and the specific application record.