Rule 24C of Indian Patent Act was introduced in 2016 under the Patents Rules, 2003 and allows eligible applicants to expedite their patent application reviews, reducing processing time from years to 9-12 months. Updated in 2024 for clarity and flexibility, it benefits startups, small entities, female applicants and government-related bodies. Applicants file Form 18A with fees, meeting strict timelines and criteria. Rule 24C ensures faster patent grants without compromising standards, supporting innovation and aligning with global practices, making it vital for Intellectual Property ecosystem.
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What Does Expedited Examination Mean?
Expedited examination is a special process in patent system of India. It allows some applicants to have their patent applications checked and approved quickly, often in 9-12 months instead of the usual 2-4 years. Rule 24C, part of the Patents Rules, 2003 and updated in 2024, controls this process. It helps reduce delays, encourages innovation in important areas, and matches India’s patent system with global standards. Below, we explore who qualifies, the steps involved, the timeline, and the rule’s impact.
Background and Purpose Of Rule 24C of Indian Patent Act
The Patents Rules, 2003, support the Patents Act, 1970, and have been updated over time to work better. Rule 24C was introduced in 2016 to offer a faster way to examine patent applications. Normally, under Rule 24B, the process takes 2-4 years because the Indian Patent Office has many applications. Rule 24C of Indian Patent Act aims to finish in 9-12 months, helping applicants who need quick patent protection, like those in technology or medicine. This speed is key for launching products or attracting investors. The rule doesn’t lower patent quality standards; it just makes the administrative steps faster. In 2024, small wording changes in sub-rule (11) clarified extensions and new eligibility for educational institutions was added in some cases.
Recent Amendments and Their Impact
The Patents (Amendment) Rules, 2024, made small but important updates to Rule 24C of Indian Patent Act. The extension process in sub-rule (11) is now more flexible and the overall request timeline for new filings dropped to 31 months. These recent changes in Patent Law aim to reduce delays at the Indian Patent Office and respond to user feedback. For applications filed before March 15, 2024, the 48-month timeline still applies. The rules also allow up to six months’ extension for various tasks under Rule 138, helping applicants further. Lawyers should guide clients on these new rules to make the most of them.
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Who Can Use Expedited Examination?
Rule 24C of Indian Patent Act lists specific groups who can request faster examination. They must file Form 18A with a fee (electronically) within 48 months from the priority date (or 31 months for new applications after 2024). Eligible groups include the following:
International Authorities: If India is chosen as the International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA) for a PCT application.
Startups: Businesses recognized under the Startup India program.
Small Entities: Companies with low turnover, as defined in the rules.
Female Applicants: At least one applicant must be a woman to promote diversity.
Government Bodies: Central or state government departments.
Government-Controlled Institutions: Institutions set up by law and run by the government.
Government Companies: As defined in the Companies Act, 2013.
Government-Funded Institutions: Fully or mostly funded by the government, as per the Comptroller and Auditor General’s Act.
Notified Sectors: Areas chosen by the government after public input.
Bilateral Agreements: Applicants covered by deals between the Indian Patent Office and foreign patent offices.
The rule ensures that patent quality stays high, as per the Patents Act.
Switching to Expedited Examination
Under sub-rule (2), applicants who filed a standard request (under Rule 24B) can switch to expedited examination by paying extra fees and showing proof of eligibility. This helps if their situation changes after filing.
Requirements for Expedited Examination
Sub-rule (3) says that if the application isn’t published yet, the expedited request must include a publication request under Rule 24A of Indian Patent Act. Sub-rule (4) notes that if the request doesn’t meet the rules, it switches back to standard processing, but the filing date stays the same.
Procedural Timelines and Controller's Role
When a valid request is filed, the Controller sends the application to an examiner in the order it was received, as per sub-rule (5). A special rule protects startups and small entities if their status changes due to time or higher turnover.
The examiner must submit a report within one month, extendable to two months (sub-rule 6).
The Controller reviews the report within one month (sub-rule 7) and sends the First Examination Report (FER) or First Statement of Objections within 15 days (sub-rule 8).
Applicants respond to objections in the order received (sub-rule 9). Sub-rule (10) requires the application to be ready for a patent grant within six months from the FER.
In 2024, sub-rule (11) was updated to allow a three-month extension via Form 4, which can now be requested anytime within the nine-month period from the FER, giving more flexibility than before.
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Comparing Expedited and Standard Examination
Given below is a comparison of expedited examination (Rule 24C) and standard examination (Rule 24B) which shows how Rule 24C of Indian Patent Act cuts down delays, helping those with urgent patent needs:
Aspect | Standard Examination (Rule 24B) | Expedited Examination (Rule 24C) |
Eligibility | Open to everyone | Limited to specific groups (e.g., startups, government) |
Request Timeline | Within 31 months (post-2024) or 48 months (pre-2024) | Same, but must show eligibility |
Examiner Report | Within 6 months | 1-2 months |
Controller Review | No set timeline | 1 month |
FER Issuance | Varies | Within 15 days |
Response to FER | 6 months, extendable by 3 months (request before expiry) | 6 months, extendable by 3 months (request anytime in period) |
Processing Time | 2-4 years | 9-12 months |
Fees | Standard fee | Higher fee |
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Benefits and Challenges of Rule 24C of Indian Patent Act
Given below are the key benefits of Rule 24C of the Indian Patent Act, such as faster patent approvals for startups and small entities, alongside challenges like higher fees and restricted eligibility. Let’s find out more:
Benefits for Applicants
Rule 24C of Indian Patent Act offers many advantages. It speeds up patent approvals with helping applicants get to market faster and attract investors. This is especially helpful for startups and small businesses that need quick protection to match their business plans. The rule also supports India’s “Make in India” and “Atmanirbhar Bharat” goals by prioritizing government and strategic sectors. The 2024 changes make it easier to request extensions which reduces the chance of mistakes.
Challenges
The higher fees for expedited examination can be tough for some applicants. There’s also a small risk that rushing the process could lead to weaker patents, though the rules keep the same quality standards. Not everyone qualifies which limits who can use it. Lawyers should help clients weigh these pros and cons and ensure all documents are correct to avoid falling back to standard processing.
Summary
Rule 24C of Indian Patent Act is a smart way to speed up patent approvals while keeping quality high. It helps eligible applicants like startups and government bodies, get patents faster, making India a better place for innovation. Lawyers need to understand this rule to help clients use it well. As India keeps improving its patent laws, Rule 24C will play a big role in supporting new ideas and economic growth. It shows how India’s patent system is adapting to meet the needs of inventors and businesses.
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Rule 24C of Indian Patent Act: FAQs
Q1. What is Rule 24 of the Indian Patent Act?
Rule 24 of the Patents Rules, 2003, outlines the procedure for filing a request for early publication of a patent application in India.
Q2. What is Rule 14 of the Indian Patent Act?
Rule 14 of the Patents Rules, 2003, specifies the format and signing requirements for patent specifications filed with the application.
Q3. What is Rule 14 of the CCS Conduct Rules?
Rule 14 of the CCS (Conduct) Rules, 1964, restricts government servants from being editors or managing publications without prior government approval.
Q4. What cannot be patented?
Inventions like scientific discoveries, mathematical methods, business methods, computer programs per se, and anything against public morality cannot be patented under Section 3 of the Patents Act, 1970.
Q5. How to check Indian patent status?
Check the status of an Indian patent application online using the e-Gateways portal on the IP India website by entering the application number.
