How does the Indian Patent Office examine a patent?

An application is not examined automatically. It is taken up only once a request for examination is filed, by the applicant or by any other interested person, on Form 18 (or Form 18A, where expedited examination under Rule 24C is available).

The period for filing that request depends on when the application was filed:

• Applications filed, or entering the Indian national phase, on or after 15 March 2024 — thirty-one months from the priority date or the filing date, whichever is earlier.

• Applications filed before 15 March 2024 — the earlier period of forty-eight months continues to apply.

The reduction was made by the Patents (Amendment) Rules, 2024. For applicants entering the national phase from a PCT application, the request for examination now falls due at the same moment as national phase entry, and is filed together with it.

If no request is filed within the applicable period, the application is deemed to be withdrawn under Section 11B(4) of the Act. Rule 137 is expressly unavailable to correct this. The only remaining route is a request in Form 4 under Rule 138, which the Controller may grant for a period of up to six months. That power is discretionary and attracts a substantial fee. Once the six-month window closes, no remedy remains.