As per the new Patent Rules 2019 released on Sep 18, 2019, you can have your Indian Patent granted within one year! Yes, that’s true. Following are the ways to expedite the Examination of your patent in India and therefore get a grant within a year:
- If the PCT application is filed and India is elected as the competent International Searching Authority (ISA) or elected as an International Preliminary Examining Authority (IPEA);
- If the applicant is a startup. For Indian applicants, a startup recognition certificate by DIPP is required. In case of a foreign entity, any document as evidence of eligibility is accepted;
- If the applicant is a small entity. For Indian applicants, MSME registration certificate is required. In case of a foreign entity, any document as evidence of eligibility is accepted;
- If all the applicants are natural persons and has at least one female applicant. For evidence any photo identity card including a passport of the female applicant issued by the competent authority in India and abroad is sufficient;
- If the applicant is a department of the Government; or an institution established by a Central, Provincial or State Act, or an institution wholly or substantially financed by the Government. Any document issued by any govt. authority in India and abroad shall serve the purpose of evidence for eligibility;
- If the application pertains to a sector which has been notified by the Central Government. Notification from the Central Government and any other documents as maybe required by the Controller shall be submitted;
- If the applicant is eligible under an arrangement for processing a patent application pursuant to an agreement between Indian Patent Office and a Foreign Patent Office. The nature of arrangement and the list of countries with such arrangements is yet to be notified.
It is vital to note that the above rules are also applicable to Foreign applicants as well. You may share the above points with your clients/friends and encourage them to file Patents in India. We look forward to hear your feedback on the new amendments.