How to Apply for Patent Examination Request at IPO India

The Indian Patent Office received over 82,000 patent applications in 2024, but only applications with a filed Request for Examination (RFE) proceed to substantive examination. Filing Form 18 costs Rs 4,000 for individuals and startups, must be submitted within 48 months of the priority/filing date, and triggers a patent prosecution process that takes 18 to 36 months. Without the RFE, your patent application is deemed withdrawn regardless of how groundbreaking the invention is. This guide covers every step from filing Form 18 to receiving the patent grant certificate.

What is a Request for Examination (RFE)?

A Request for Examination (RFE) is a formal application filed with the Indian Patent Office (IPO) under Section 11B of the Patents Act, 1970, requesting the Controller of Patents to examine a filed patent application for patentability. India follows a "deferred examination" system, meaning patent applications are not automatically examined upon filing. The applicant (or any interested person) must separately request examination by filing Form 18 within the prescribed deadline. Only after the RFE is filed does the IPO assign an examiner to conduct a prior art search and evaluate the invention for novelty, inventive step, and industrial applicability.

This deferred examination system gives applicants strategic flexibility. You can file a patent application early to secure a filing date, then decide within 48 months whether to proceed with examination based on commercial viability, market response, or competitive analysis. However, the consequence of not filing the RFE is severe: the application is permanently deemed withdrawn under Section 11B(4) with no possibility of revival.

When to File the RFE: The 48-Month Deadline

Understanding the RFE deadline is critical because missing it results in irreversible loss of patent rights.

Who Should File the RFE?

The RFE can be filed by multiple parties under different circumstances:

Step-by-Step RFE Filing Process

The complete process from filing the RFE to patent grant involves 10 steps spanning 18 to 36 months for regular examination and 6 to 12 months for expedited examination.

Step 1: Verify Application Status and Complete Specification

Before filing the RFE, confirm that your patent application has a complete specification on record. The IPO can only examine complete specifications (not provisional specifications). If you filed a provisional specification, ensure the complete specification was filed within 12 months under Section 9(1). Check your application status on the InPASS database at ipindiaservices.gov.in. Also verify that the Statement and Undertaking under Section 8 (regarding foreign patent filings) is up to date, as non-compliance with Section 8 is a common ground for refusal.

Step 2: Determine Your Applicant Category and Fee

The IPO classifies applicants into three categories with different fee structures. Natural persons and DPIIT-recognized startups pay the lowest fees. Small entities (as defined under the MSME Development Act, 2006) pay an intermediate fee. Other entities (large companies, foreign corporations) pay the highest fee. Your category determines both the RFE fee and all subsequent patent prosecution fees. If you are a startup, ensure your DPIIT recognition certificate is valid before filing.

Step 3: Choose Between Regular and Expedited Examination

Decide whether to file Form 18 (regular examination) or Form 18A (expedited examination). Expedited examination is available to: DPIIT-recognized startups, applications where India is the ISA/IPEA under PCT, female applicants, government departments and institutions, MSMEs, and applicants from countries offering reciprocal expedited examination to Indian applicants under the Patent Prosecution Highway (PPH). The FER is typically issued within 1 to 2 months for expedited applications compared to 1 to 6 months for regular applications.

Step 4: Prepare and File Form 18 (or Form 18A)

Log in to the IPO e-filing portal at ipindiaonline.gov.in. Select 'Request for Examination' from the filing options. Enter the patent application number, applicant details, and select the examination type. Upload the Power of Attorney if filing through a patent agent. For expedited examination, provide the grounds for eligibility and supporting documents (DPIIT recognition certificate, ISA/IPEA report, etc.). Review all details and submit the form.

Step 5: Pay the Examination Fee

Pay the prescribed fee through the IPO's online payment gateway at the time of filing. Fee confirmation is required for the form to be accepted. The fee is non-refundable even if the application is subsequently refused or withdrawn. For startups claiming the 80% fee reduction, provide the DPIIT recognition number in the form. Payment options include net banking, debit card, credit card, and challan (for physical filing).

Step 6: Examination by the Patent Examiner

After the RFE is filed, the Controller assigns the application to a patent examiner specializing in the relevant technical field (mechanical, electrical, chemical, biotechnology, computer science, etc.). The examiner conducts a thorough examination including: prior art search across Indian and international patent databases (including WIPO, USPTO, EPO, JPO), search of non-patent literature (scientific journals, conference papers, technical publications), evaluation of novelty under Section 2(1)(j), evaluation of inventive step under Section 2(1)(ja), check for industrial applicability under Section 2(1)(ac), review against non-patentable subject matter under Sections 3 and 4, and assessment of claim clarity and specification sufficiency under Section 10.

Step 7: Receive the First Examination Report (FER)

The examiner issues the FER within the statutory timeline (Rule 24B(3) mandates issuance within 6 months of the RFE, but expedited applications receive the FER within 1 to 2 months). The FER lists all objections categorized as: formal objections (missing documents, Section 8 non-compliance), substantive objections (lack of novelty, inventive step), Section 3 objections (non-patentable subject matter), and specification objections (insufficient disclosure, unclear claims). Each objection cites specific prior art references or legal provisions. Review the FER carefully with your patent agent to develop a response strategy.

Step 8: File Response to the FER

Prepare and file a detailed written response addressing every objection in the FER. For novelty objections, argue how your invention differs from the cited prior art with specific technical distinctions. For inventive step objections, demonstrate that the combination of features in your claims would not be obvious to a person skilled in the art. For Section 3 objections, argue how your invention falls outside the excluded categories. If necessary, amend claims using Form 13 to narrow the scope and overcome prior art. Submit any additional evidence, comparative data, or expert opinions supporting patentability.

Step 9: Hearing Before the Controller (If Required)

If the examiner is not satisfied with the written response, or if the applicant requests it, the Controller schedules an oral hearing. Hearings are conducted at the IPO branch handling the application (Delhi, Mumbai, Chennai, or Kolkata). Virtual hearings via video conference are available. During the hearing, the patent agent presents oral arguments, addresses the Controller's concerns, and may negotiate claim amendments. The Controller may provide suggestions for acceptable claim modifications. After the hearing, the Controller issues a reasoned order within 1 to 3 months.

Step 10: Patent Grant

If the Controller is satisfied that all objections are resolved, the patent is granted under Section 43 of the Patents Act. The grant is subject to: no pending pre-grant opposition under Section 25(1), compliance with all formal requirements, and payment of all outstanding fees. The patent grant is published in the Patent Office Journal (Part I). The Certificate of Patent is issued to the patentee. The patent term is 20 years from the filing date in India. Annual renewal fees are payable from the 3rd year to maintain the patent in force.

Expedited Examination: Faster Path to Patent Grant

Rule 24C of the Patents Rules provides an expedited examination track that significantly reduces the time from RFE to grant. The FER is typically issued within 1 to 2 months, and the entire prosecution can be completed in 6 to 12 months.

Common Objections in the FER and How to Overcome Them

1. Lack of Novelty (Section 2(1)(j))

The examiner cites prior art that allegedly anticipates your invention. Response strategy: identify specific technical differences between your invention and the cited prior art, demonstrate that the cited reference does not disclose all elements of your claims, and if necessary, narrow your claims to distinguish from the prior art. Each claim element must be addressed individually.

2. Lack of Inventive Step (Section 2(1)(ja))

The examiner argues your invention is obvious to a person skilled in the art. Response strategy: argue unexpected technical effect or synergy, present evidence of commercial success or long-felt need, show that the cited references teach away from your solution, and demonstrate that the combination of cited references requires impermissible hindsight reasoning.

3. Non-Patentable Subject Matter (Section 3)

The most challenging objection. Section 3(k) (computer programs per se) affects many software-related inventions. Response strategy: demonstrate that the invention involves a technical effect beyond the normal operation of a computer, show hardware integration, and frame claims around the technical problem solved rather than the algorithm. For Section 3(d) (pharmaceutical new forms), demonstrate enhanced therapeutic efficacy with clinical or comparative data.

Patent Prosecution Timeline Comparison

Annual Renewal Fees After Grant

Once granted, the patent must be maintained by paying annual renewal fees. Failure to pay results in the patent ceasing to be in force.

Related Resources

• Patent Registration in India - file a new patent application
• Trademark Registration - protect your brand alongside your invention
• Copyright Registration for Music - protect creative works
• International Trademark (Madrid Protocol) - protect your brand globally
• Startup India Registration - get DPIIT recognition for reduced patent fees

Summary

Filing a Request for Examination is the most critical step in the Indian patent prosecution process. Without Form 18, your patent application will never be examined and will be permanently deemed withdrawn after 48 months. The process costs Rs 4,000 for individuals and startups (Rs 20,000 for large companies), triggers examination within 1 to 6 months, and leads to a patent grant in 18 to 36 months for regular examination or 6 to 12 months for expedited processing. DPIIT-recognized startups benefit from 80% fee reduction and priority examination. File strategically within the 48-month window, prepare thoroughly for the FER response, and maintain the granted patent with annual renewal fees for the full 20-year term.