Filing a patent application does not mean that the Indian Patent Office will start examining it immediately.
A separate request must be filed to begin the examination process. This request is commonly known as a Request for Examination, or RFE.
For normal examination, the request is filed in Form 18. Eligible applicants who want faster examination may file Form 18A.
This is one of the most important steps after filing a patent application. If the request is not filed within the allowed time, the application may be treated as withdrawn without its technical merits being examined.
This article explains the request for examination of a patent in India, including the deadline, Form 18, Form 18A, fees and what happens after the request is filed.
What Is a Request for Examination?
A Request for Examination is a formal request asking the Indian Patent Office to examine a patent application.
Under Section 11B of the Patents Act, a patent application is not examined unless the applicant or another interested person files the required request within the prescribed period. If no request is filed within that period, the application is treated as withdrawn.
During examination, the Patent Office checks whether the invention meets the legal requirements for patent protection. The Examiner may review:
- Whether the invention is new
- Whether it involves an inventive step
- Whether it can be used in an industry
- Whether it falls within patentable subject matter
- Whether the claims are clear
- Whether the invention has been explained properly
- Whether all legal and procedural requirements have been met
The Examiner also searches earlier patent documents and other publications to check whether the invention has already been disclosed.
Is a Patent Application Examined Automatically?
No. A patent application is not examined automatically.
Even after Form 1, Form 2 and the other filing documents have been submitted, the application will not enter the examination process until a valid RFE is filed.
This system gives the applicant some time to decide whether the invention is commercially valuable enough to continue with the patent process. However, the applicant must keep track of the examination deadline carefully.
What Is the Deadline for Filing Form 18?
For patent applications filed on or after 15 March 2024, the request for examination must generally be filed within 31 months from:
- The filing date; or
- The priority date,
whichever is earlier.
The Patents (Amendment) Rules, 2024 reduced the earlier 48-month period to 31 months. Applications filed before the 2024 amendment continue to follow the examination period that applied before the amendment came into force.
This means that every application should be checked separately. Do not assume that all patent applications have the same deadline.
Example
Suppose an Indian patent application was filed on 1 June 2025 and does not claim any earlier priority.
The Form 18 deadline will generally be calculated as 31 months from 1 June 2025.
However, if the application claims priority from an earlier application filed on 1 February 2025, the deadline will generally be calculated from 1 February 2025 because that date is earlier.
What Is Form 18?
Form 18 is used for normal examination of a patent application.
It may be filed by:
- The patent applicant; or
- Another person who has a genuine interest in the application
Once Form 18 is filed and the application is published, it enters the normal examination queue. Applications are generally referred for examination according to the order in which examination requests are filed.
Form 18 is suitable where the applicant: - Does not qualify for expedited examination
- Does not need urgent examination
- Wants to continue through the normal patent process
What Is Form 18A?
Form 18A is used for expedited examination.
Expedited examination is a faster route under Rule 24C. It is not available to every applicant. The applicant must fall within one of the permitted categories and must submit the required proof.
Form 18A can be filed only through electronic filing.
Filing Form 18A does not guarantee that the patent will be granted. It only allows the application to move through the examination process faster. The invention must still meet all requirements of the Patents Act.
Who Can Apply for Expedited Examination?
An applicant may file Form 18A where at least one permitted ground applies. Eligible applicants include:
- A recognised startup
- A small entity
- A female natural-person applicant
- Joint natural-person applicants where at least one applicant is female
- A department of the Government
- A government company
- An institution owned or controlled by the Government
- An institution wholly or substantially financed by the Government
- An applicant covered by an arrangement between the Indian Patent Office and a foreign patent office
- An applicant whose application relates to a sector notified by the Central Government
- An applicant where India acted as the International Searching Authority or International Preliminary Examining Authority for the related international application
The applicant must submit suitable proof, such as a DPIIT startup certificate, MSME registration, identity proof or documents showing government status.
Difference Between Form 18 and Form 18A
The main difference is the speed and eligibility.
Form 18
Form 18 is used for normal examination. It is available to all applicants and follows the normal examination queue.
Form 18A
Form 18A is used for expedited examination. It is available only to eligible applicants and must be filed electronically with supporting documents.
An examination request already filed through Form 18 may also be converted into an expedited request if the applicant later becomes eligible and pays the prescribed conversion fee.
Does the Application Need to Be Published First?
A patent application must be published before it can be taken up for examination.
An applicant may file Form 18 before publication, but the Patent Office will normally refer the application to an Examiner only after publication.
Patent applications are usually published after 18 months from the filing date or priority date, unless an exception applies. An applicant who wants earlier publication may file Form 9.
Where Form 18A is filed and the application has not already been published, the expedited examination request must generally be accompanied by Form 9, unless a request for early publication has already been filed.
Government Fee for Form 18
The current government fee for filing a normal examination request through e-filing is:
- ₹4,000 for a natural person, startup, small entity or educational institution
- ₹20,000 for other applicants
For physical filing, the government fee is: - ₹4,400 for a natural person, startup, small entity or educational institution
- ₹22,000 for other applicants
A separate and higher fee applies to certain express examination requests relating to PCT national-phase applications before the normal 31-month period.
Government Fee for Form 18A
The current government fee for expedited examination through Form 18A is:
- ₹8,000 for a natural person, startup, small entity or educational institution
- ₹60,000 for other eligible applicants
Physical filing of Form 18A is not permitted.
Fee for Converting Form 18 into Form 18A
Where a normal examination request has already been filed and the applicant wants to convert it into expedited examination, the current fee is:
- ₹4,000 for a natural person, startup, small entity or educational institution
- ₹40,000 for other eligible applicants
The applicant must also submit the documents showing eligibility for expedited examination.
Government Fee for Early Publication
The current e-filing fee for requesting early publication through Form 9 is:
- ₹2,500 for a natural person, startup, small entity or educational institution
- ₹12,500 for other applicants
Professional charges for preparing and filing the documents are separate from the government fee.
What Happens After Form 18 or Form 18A Is Filed?
Step 1: Publication Is Checked
The Patent Office first checks whether the application has been published. If it has not been published, examination will normally wait until publication.
Step 2: The Application Is Sent to an Examiner
The Controller refers the patent application, complete specification and related documents to an Examiner.
Step 3: Search and Examination Are Conducted
The Examiner searches earlier documents and checks whether the invention meets the legal requirements for a patent.
The claims may be checked for novelty, inventive step, clarity, proper support and patentable subject matter.
Step 4: First Examination Report Is Issued
If the Patent Office finds objections, it issues a First Examination Report, commonly called an FER.
The FER may include objections relating to:
- Earlier patents or publications
- Lack of inventive step
- Excluded subject matter under Section 3
- Lack of clarity
- Insufficient disclosure
- Incorrect claim drafting
- Missing forms or procedural documents
Step 5: FER Response Is Filed
The applicant must study every objection and file a detailed response. Claims may also be amended where necessary, but any amendment must remain within the disclosure originally filed.
The applicant normally gets six months from the date of the FER to put the application in order for grant. This period may be extended by up to three months by filing Form 4 before the original six-month period expires.
Step 6: Hearing, Grant or Refusal
If the Controller is not satisfied with the FER response, a hearing notice may be issued.
After considering the written submissions, amendments and oral arguments, the Controller may:
- Grant the patent
- Ask for further changes
- Maintain the objections
- Refuse the application
How Fast Is Expedited Examination?
Rule 24C provides shorter internal timelines after an expedited request is taken up.
The Examiner should ordinarily submit the examination report within one month and not later than two months from the date the application is referred. The Controller should ordinarily deal with the report within one month, and the first objections should be issued within 15 days after the Controller considers the report.
However, this does not mean that an FER will always be received immediately after filing Form 18A. The actual time can depend on publication, the number of pending requests, document compliance and Patent Office workload.
What Happens If the RFE Deadline Is Missed?
If Form 18 or Form 18A is not filed within the applicable period, the application is treated as withdrawn under Section 11B. This means that the application will not proceed to examination.
The amended Rule 138 gives the Controller power to extend certain prescribed periods or condone delay for up to six months upon a request in Form 4. However, such relief is not automatic, involves a high government fee and should not be treated as a normal extension of the examination deadline.
The safest approach is to file the request well before the original deadline.
Common Mistakes to Avoid
Using the Wrong Deadline
Applications filed before and after 15 March 2024 may have different RFE periods. Always check the filing date and applicable Rules.
Ignoring the Priority Date
The examination deadline may run from the priority date, not simply from the Indian filing date.
Filing Form 18A Without Proof
An expedited request should include documents proving startup, small-entity, female-applicant or other eligible status.
Forgetting Form 28
A startup or small entity should file Form 28 with proper supporting documents to claim the correct status and fee.
Filing Form 18A Without Form 9
Where the application has not been published and no publication request has already been made, Form 9 should normally be filed with Form 18A.
Believing Form 18A Guarantees Grant
Expedited examination only speeds up the process. It does not make a weak invention patentable.
Waiting Until the Last Day
A payment failure, missing document or portal problem may put the entire application at risk. Filing early is always safer.
Conclusion
A request for examination is an essential part of the Indian patent process. The Patent Office will not examine an application merely because the patent application has been filed.
Form 18 is used for normal examination, while Form 18A is available for expedited examination by eligible applicants.
For applications filed on or after 15 March 2024, the request must generally be filed within 31 months from the filing date or priority date, whichever is earlier. Older applications may continue to follow the earlier examination period.
Applicants should carefully check the deadline, applicant category, publication status, government fee and supporting documents before filing.
Need help filing Form 18 or Form 18A? IPHelm provides professional support for patent examination requests, early publication, FER analysis, FER responses and patent hearings before the Indian Patent Office. Contact us before the deadline to keep your patent application active.