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:
- Early publication:
- Expedited patent examination:
Who are eligible for an expedited examination?
- A Start-up (Please refer to Rule 2(fb) of Patent Rules)
- A Small Entity (Please refer to defined in Rule 2(fa) of Patent Rules)
- A female (when there are joint applicants, at least one of them must be female)
- A Government undertaking (Please refer to Section 2(1) (h) of the Patents Act, 1970), or government-owned, finance or established authority/company.