Strategies to reduce time to grant patent in India (e.g. expedited examination, startup benefits etc.)

1. File a Complete Specification Early

• Filing a provisional application secures a priority date, but delays the examination clock until you file the complete specification.

• If your invention is already developed enough, file the complete application straight away to get into the examination queue sooner.

2. Opt for Expedited Examination (Form 18A)

The Indian Patent Office offers an expedited route, where patents are examined and granted in a fraction of the usual time.

Who qualifies?

• Startups recognized under DPIIT

• Small entities (MSMEs)

• Female applicants (at least one woman inventor)

• Applicants choosing India as the International Searching Authority (ISA) / International Preliminary Examining Authority (IPEA) under PCT

• Applicants eligible under bilateral agreements (e.g., with foreign offices)

Benefits:

• Examination starts in months instead of years.

• Many expedited cases get granted in under 2 years.

3. Request for Early Publication (Form 9)

• Normally, applications are published after 18 months.

• By filing Form 9, you can have it published within 1 month of request.

• This is crucial because only after publication can you enforce rights (via damages) for infringement.

• Early publication + expedited exam = the fastest combo.

4. Respond Promptly to FER (First Examination Report)

• Once you receive the FER, you get 6 months (extendable by 3) to reply.

• Delays here directly slow down grant.

• Best practice: respond within weeks with well-drafted claim amendments and arguments.

5. Avoid Procedural Mistakes

• Many delays happen because of missing forms, unpaid fees, or wrong applicant details.

• Double-check filings to avoid “defects” notices from the Patent Office.

6. Leverage Patent Prosecution Highway (PPH)

• India has a PPH program with Japan (JPO).

• If your application is allowed in Japan, you can fast-track the corresponding Indian application.

• More bilateral PPHs may open in the future.

7. Consider Divisionals & Continuations Wisely

• If your application covers multiple inventions, file divisional applications strategically.

• This avoids objections and speeds up processing of the core invention.

Example: How Startups Benefit

A health-tech startup files a patent for a diagnostic AI tool.

• Files early publication (Form 9) → application visible in 1 month.

• Applies for expedited examination (Form 18A) as a DPIIT-recognized startup → exam begins in ~3–6 months.

• Prepares strong responses to FER → patent granted in 18–24 months, instead of 5–7 years.

Takeaway

Speeding up a patent in India is about strategy + timing:

• Publish early.

• Request expedited examination if eligible.

• Respond to office actions quickly.

• Leverage international frameworks like PPH.

For startups and R&D-heavy companies, faster patents mean stronger investor confidence, better licensing opportunities, and quicker market advantage.