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Grant of A Patent Within 1 Year for Small Entities Start-Ups

A normal route of a patent application requires 4 to 5 years to grant the patent from the date of filing the patent application. Butfor small entities/start-ups it is important to get an early patent grant. So, is there any provision to get a patent grant within one year?? Let’s find out.

The following provisions of the Indian Patent Office can facilitate early grant of patents:

  1. Early publication:
  2. Expedited patent examination:

Who are eligible for an expedited examination?

  1. A Start-up (Please refer to Rule 2(fb) of Patent Rules)
  2. A Small Entity (Please refer to defined in Rule 2(fa) of Patent Rules)
  3. A female (when there are joint applicants, at least one of them must be female)
  4. A Government undertaking (Please refer to Section 2(1) (h) of the Patents Act, 1970), or government-owned, finance or established authority/company.

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