Expedited Patent Examination in India: Who Qualifies (Form 18A)
Who can ask the Indian Patent Office to examine an application faster, which ten grounds Rule 24C allows, what Form 18A costs, and the mistakes that get a request refused.
Explainer · Patents · Last verified October 2026
A normal patent application in India can wait many months, and often more than a year, before an examiner even picks it up. For a startup racing a competitor, or a small inventor with one core invention, that wait can hurt more than any objection. Rule 24C of the Patents Rules, 2003 offers a faster lane, but only to applicants who fit a fixed list. This explainer sets out that list, the fee, how to file on Form 18A, and where applicants go wrong. Last verified October 2026.
- The rule: Rule 24C of the Patents Rules, 2003, filed on Form 18A by e-filing only.
- Who qualifies: ten grounds in Rule 24C(1), including startups, small entities, female natural persons, government bodies, PCT applicants who chose India, notified sectors and foreign office arrangements.
- Fee: Rs 8,000 for natural persons, startups and small entities; Rs 60,000 for others (confirm on the IP India fee schedule).
- Biggest risk: claiming a ground you cannot prove on the filing date.
- Last verified: October 2026.
01The problem: the long wait for first examination
In India, a patent application is not examined automatically. The applicant first files a request for examination, and the application then joins a queue. The examiner issues a First Examination Report (FER) only when the file reaches the front.
For many applicants this queue is the slowest part of the whole process. A startup that has just raised money may need a granted patent for investors or for a licence deal. A small entity may want to stop a copycat. Waiting does not fit those plans.
The law gives some applicants a way to skip most of that wait. The catch is that you must belong to a specific group, and you must claim the right ground on the form. This page is about that group.
Scope of this page
This page covers only who can get expedited examination and how to ask for it. It does not cover how to draft claims or argue patentability. For a broader view of India IP tools, see what Claw can and cannot do for IP in India.
02What Rule 24C and Form 18A are
Rule 24C sits in the Patents Rules, 2003. It lets an eligible applicant request expedited examination instead of waiting in the ordinary queue. The request is made on Form 18A, together with the fee in the First Schedule.
Two points matter from the start.
- E-filing only. The rule requires the request by electronic transmission, duly authenticated. A paper filing of Form 18A is not the route.
- It is a request, not a right to a grant. Expedited examination speeds up the examination. It does not change the test for patentability under the Patents Act, 1970.
Rule 24C was added in 2016 and has been amended since, including changes in 2024. Always read the current text on the official sites listed under Sources before you file.
03The Rule 24C eligibility list: who qualifies
Rule 24C(1) lists the grounds on which you may ask for expedited examination. Our reading of the rule is a list of ten grounds, marked (a) to (j). Here they are in plain words, in the order the rule gives them.
| Clause | Ground in plain words | Who this usually helps |
|---|---|---|
| (a) | India has been indicated as the competent International Searching Authority, or elected as the International Preliminary Examining Authority, in a PCT application | PCT applicants who chose the Indian Patent Office for search or preliminary examination |
| (b) | The applicant is a startup | Startups recognised under the Rules |
| (c) | The applicant is a small entity | Small entities as defined in the Rules |
| (d) | The applicant is a natural person, or all joint applicants are natural persons, and the applicant or at least one of them is female | Individual women inventors |
| (e) | The applicant is a department of the Government | Government departments |
| (f) | The applicant is an institution established by a Central, Provincial or State Act and owned or controlled by the Government | Statutory public institutions |
| (g) | The applicant is a Government company under the Companies Act, 2013 | Government companies |
| (h) | The applicant is an institution wholly or substantially financed by the Government | Government-funded institutions |
| (i) | The application relates to a sector notified by the Central Government after inviting public comments | Applicants in a notified sector |
| (j) | The applicant qualifies under an arrangement between the Indian Patent Office and a foreign patent office | Applicants covered by a notified bilateral arrangement |
Read the table as a guide, not as legal advice. The exact words of each clause are in the rule itself.
If you do not fit one of the grounds in Rule 24C(1), Form 18A is not open to you. You wait in the ordinary queue.
Startups and small entities
These two grounds are the ones most readers will use. A startup claim depends on recognition by the Department for Promotion of Industry and Internal Trade (DPIIT). A small entity claim depends on the size tests in the Rules and a declaration. In both cases, your supporting proof must be ready on the filing date.
The rule also protects a startup that grows after filing. A request made by a startup should not be questioned only because it later ceased to be a startup, for example after crossing the five-year age limit or the turnover limit.
Women applicants
Clause (d) is narrow. It applies where the applicant is a natural person. If a company is a joint applicant, the clause does not apply as written, because all applicants must be natural persons and at least one must be female.
PCT and foreign office routes
Clauses (a) and (j) depend on the application history, not on who you are. Check the PCT record or the written arrangement with the foreign office before you claim either.
04Fees for Form 18A
The fee depends on who you are. These are the figures we found published for e-filing, as of October 2026. Confirm them on the official fee schedule before paying.
| Type of request | Natural person, startup, small entity | All others |
|---|---|---|
| Expedited examination requested directly on Form 18A | Rs 8,000 | Rs 60,000 |
| Converting an ordinary examination request (Form 18) to expedited | Rs 4,000 | Rs 40,000 |
The gap between the two columns is large, which is why many applicants check carefully whether they truly fit the lower category.
Government fee schedules change. Treat the numbers above as a dated snapshot and check the IP India fee page on the day you file.
05How to file Form 18A
- Pick your ground. Match your facts to one clause of Rule 24C(1). If more than one applies, choose the one you can prove most easily.
- Collect proof. A startup needs its DPIIT recognition. A small entity needs the required declaration. A PCT applicant needs the PCT record. Keep the documents ready as PDFs.
- Check the stage. You can ask for expedited examination at the time of requesting examination. If you already filed an ordinary request on Form 18, you can ask to convert it, at the conversion fee shown above.
- E-file with the fee. File Form 18A through the IP India online system with the fee in the First Schedule.
- Note the date. Record the filing date and the application number in your diary. Every later step is counted from here.
06What happens after you file
Once the Controller accepts the request, the file is sent to an examiner on a faster, time-bound track. As we read Rule 24C, the examiner report is due within a short period, up to two months at most, and the Controller then decides the matter within a few months of your final reply.
Expedited does not mean easy. You will still get objections to answer, and the clock on your replies runs as usual. Because the whole process moves faster, a missed reply date can cost you more here than in the ordinary queue.
Also note that the number of expedited requests the Patent Office will take in a year is limited by the rules and by practice. If the Office is full, your request may wait.
07Common mistakes that get a request refused
- Claiming a ground you do not meet. For example, a company applicant trying to use the women applicant ground.
- No proof on the filing date. A DPIIT certificate or declaration that is missing or out of date.
- Paying the wrong fee. Using the lower fee when you only qualify for the higher one.
- Filing on paper. Form 18A must go through e-filing.
- Ignoring the reply deadline. A fast track gives you less slack, not more.
If your brand also needs protection while you wait on the patent, search the trademark side early. See our guide to AI trademark search tools in India and, for marks with a strong reputation, well-known trademarks under Rule 124.
08Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Reaching grant faster is only the start. Once a patent is granted it can be enforced or challenged, and that happens in court. Claw helps you watch that side. It tracks cases, orders and hearings across 9,102 courts, benches and forums, searches 30 crore+ judgments in under 5 seconds, and covers Supreme Court judgments from 1950 and High Court judgments from 1990. So you can see how courts have treated patents in your field and follow a live infringement or revocation matter by party or advocate name.
Claw does not use customer documents to train AI models. Create a FREE Claw account to research patent litigation and track a live matter by party or advocate name. To search the wider body of law, see case search across Indian courts.
09Sources and further reading
Check every point above against the primary sources before you file. Last verified October 2026.
- Office of the Controller General of Patents (IP India): ipindia.gov.in
- Patents Rules, 2003 on WIPO Lex: wipo.int/wipolex
- Rule 24C(1) text on Indian Kanoon: indiankanoon.org
- Claw: clawlaw.in
This page is general information, not legal advice. Fees, forms and rule text can change.
10Frequently asked questions
Who is eligible for expedited patent examination in India?
Rule 24C(1) of the Patents Rules, 2003 lists the grounds. They include startups, small entities, female natural person applicants, government departments and government-owned or financed institutions, applicants who chose India as International Searching or Preliminary Examining Authority, applications in a notified sector, and applicants under an arrangement with a foreign patent office.
What is Form 18A?
Form 18A is the form used to request expedited examination under Rule 24C. It must be filed by e-filing, with the fee in the First Schedule.
How much does Form 18A cost?
We found Rs 8,000 for natural persons, startups and small entities, and Rs 60,000 for others. Converting an existing Form 18 request costs Rs 4,000 and Rs 40,000 respectively. Confirm on the IP India fee schedule before you pay.
Does expedited examination mean my patent is granted faster?
It speeds up examination, but the patent is granted only if the application meets the requirements of the Patents Act, 1970. You must still answer objections on time.
Can a company use the women applicant ground?
Not as the rule is worded. That ground applies to natural persons, where the applicant or at least one joint applicant is female and all applicants are natural persons.
Does Claw file Form 18A?
No. Claw does not file patent forms. Its IPR Solutions tab helps you track patent deadlines, hearings and related tasks on the registry side, and IP cases on the court side. Use a patent attorney for filing.