Expedited Examination of Patents in India: How Startups Can Get Patents Faster

In the fast-moving world of startups, time is everything. A delay in securing a patent can mean lost funding, missed market opportunities, or competitors getting ahead. Normally, the patent process in India takes 3–5 years. But did you know that startups can cut this timeline dramatically with Expedited Examination?

This special route helps eligible applicants get their patents examined—and potentially granted—much faster. Let’s break down how it works, who qualifies, and how startups can use it to their advantage.

What Is Expedited Examination of Patents?

Under the Patents (Amendment) Rules, 2016, the Indian Patent Office introduced a fast-track examination process.

Normally, after filing a patent application and requesting examination, you may wait years before the First Examination Report (FER) is issued. With Expedited Examination, your application gets prioritized in the queue—cutting the wait from years to potentially just months.

Who Can Apply for Expedited Examination in India?

Not every applicant qualifies. Expedited Examination is available to:

1. Startups recognized by DPIIT (Department for Promotion of Industry and Internal Trade).

2. Female applicants (where at least one applicant is a woman).

3. Government departments and institutions.

4. Applicants selecting India as the ISA/IPEA (International Searching Authority/International Preliminary Examining Authority) under PCT.

5. Small entities (as defined under Indian patent law).

6. Applicants eligible under bilateral agreements with IPO.

👉 For startups, the most relevant route is DPIIT recognition, which can be obtained online via the Startup India portal.

Key Benefits for Startups

• Speed: FER can be issued within months instead of years.

• Funding advantage: Investors gain confidence when IP protection is moving quickly.

• Market edge: Launch products knowing your innovation is legally safeguarded.

• Global leverage: Faster Indian patents strengthen PCT applications and foreign filings.

How to Apply for Expedited Examination

Step 1: File Your Patent Application

File a provisional or complete application at the Indian Patent Office.

Step 2: File Form 18A (Request for Expedited Examination)

Instead of Form 18 (normal exam request), startups must file Form 18A along with the prescribed fee.

Step 3: Submit Proof of Startup Recognition

Attach a valid DPIIT recognition certificate (or relevant proof of eligibility).

Step 4: Wait for Examination and FER

Your application is prioritized and examined faster. Typically, FER may be issued in 6–12 months.

Step 5: Respond to Objections

Reply to the FER with technical/legal arguments or amendments.

Step 6: Grant of Patent

Once objections are resolved, the patent is granted and published.

Timeline Comparison: Normal vs. Expedited

• Normal route: 3–5 years (sometimes longer).

• Expedited route: 12–24 months (and in some cases, under a year).

For a startup pitching to investors, that difference can make or break growth plans.

Common Mistakes to Avoid

• Missing DPIIT recognition before applying.

• Filing Form 18 (normal exam) instead of Form 18A.

• Weak patent drafting—speed is useless if the application is poorly written.

• Assuming expedited means guaranteed grant (you still need novelty, inventive step, and compliance).

Final Thoughts

For startups in India, Expedited Examination is a game-changer. It levels the playing field, letting young companies protect their innovations quickly and compete with larger players.

If you’re a startup founder, securing DPIIT recognition and filing through the expedited route can give you a crucial head start in both markets and investor negotiations.

Your idea may be fast—make sure your patent keeps up.