A patent application in India does not automatically proceed to substantive examination after filing. To trigger examination, an applicant (or an interested party) must file Form 18, the Request (or Express Request) for Examination. This procedural pivot determines whether your application advances toward a grant or eventually lapses. Knowing exactly when, how, and why to file Form 18 is critical for all inventors, startups, research institutions, or patent agents in India.
In this article, you will find:
Legal basis, eligibility, and deadlines
Differences between ordinary and express requests
Key content and procedural steps
Strategic tips and common pitfalls
Recent 2024 rule changes and their impact
Legal Basis & Deadlines for Form 18
Statutory Authority
Section 11B of the Patents Act, 1970 mandates that a Request for Examination must be made in the prescribed form (Form 18).
Under Rule 24B(1)(i) of the Patents Rules, 2003, Form 18 must be filed within the prescribed time (historically 48 months), failing which the application is deemed withdrawn.
For national phase / PCT applications, Rule 20(4)(ii) provides for an “express request” concept via Form 18 to accelerate examination before 31 months.
Deadline - Old vs New Rule (2024 Amendment)
Before 15 March 2024: The deadline was 48 months from the earliest priority date or filing date (whichever is earlier).
On or after 15 March 2024: The deadline has shifted to 31 months (to align with national phase entry) for applications filed on or after that date.
For older applications (filed before 15 March 2024), the 48-month rule continues to apply as a grandfather clause.
In some cases, the deadline may be extended by 3 months via a request under Form 4, subject to payment of additional fee (must be requested before end of the 31- or 48-month period).
Thus, if your application is post-March 2024, you should generally file the examination request by 31 months - this is a significant procedural shift.
Ordinary Request vs Express (Accelerated) Request in Form 18
Ordinary Request
The standard route: request for examination in normal queue.
Usual fee structure: lower than express.
Examination follows the queue based on order of requests filed.
After request, the Controller assigns the application to an examiner, issues the First Examination Report (FER), and so on.
Express / Accelerated Request (via Form 18 under Rule 20(4)(ii))
Available only for PCT national phase applications (i.e. filed into India from PCT), where one can expedite before the 31-month threshold.
The express request allows the Indian Patent Office to commence examination earlier, rather than waiting until the 31-month point.
Still filed in Form 18, with tick or statement indicating “express request” under Rule 20(4)(ii) in the form.
The trade-off is usually paying a higher fee for faster processing.
The same form (Form 18) is used for both ordinary and express requests; the difference lies in how the option is invoked and which box or clause is selected.
Contents & Format of Form 18
You must fill out the official Form 18 PDF as published by the Patent Office. The form contains:
Applicant / Interested Person Details
Name, nationality, address
If an “interested person” (not original applicant), proof of interest is required.
Statement of Request
Request that the patent application (specify application number, date, title) be examined under Sections 12 & 13 of the Act.
Alternatively, where express request is being made (PCT case), request that examination be made immediately (before 31 months).
Address for Service
The address (of applicant or agent) to which future communications should be sent.
Signature / Authorization
To be signed by the applicant or authorized patent agent.
Strike-out / Deletion of Non-applicable Parts
The form instructs to strike out parts not applicable (for example, express request when not relevant).
Fee Payment Details
The form requires entry of the “Amount of Fee Paid” and related payment reference (CBR No etc.).
Note: When submitting as “interested person,” you must attach copies of Form 1, Form 2, Form 9 and proof of interest.
Procedure After Filing Form 18
Once Form 18 is filed (online or physically) along with the prescribed fee:
Controller treats it as valid request
The IPO records the request and queues the application for examination.Assignment to Examiner & FER Issuance
An examiner examines novelty, inventive step, industrial applicability, prior art search, and issues a First Examination Report (FER) with objections or rejections.Response Period & Extensions
The applicant must respond to the objections within a statutory period (typically 6 months, extendable by 3 months).Hearing / Further Office Actions
If objections persist, hearings or further rounds of examination may follow.Grant or Refusal / Amendment / Opposition
Depending on outcome, the patent may be granted (if all conditions met), or refused. If granted, pre-grant opposition or other post-grant formalities may follow.
If no Form 18 is filed within the deadline, the application is deemed withdrawn / abandoned.
Strategic Tips & Pitfalls
File early: Even though the deadline is 31 or 48 months, it is often prudent to file the request soon after publication to avoid delays in examination.
Express vs Ordinary: If your application is a PCT-derived one and you want faster examination, invoke the express option under Form 18.
Eligibility awareness: After 2024, many more procedural changes will affect whether you prefer to delay or advance the request.
Avoid missing the deadline: Missing the 31/48 month deadline is fatal (abandonment). Request for extension must be timely via Form 4.
Complete and accurate data: Errors in the form (wrong application number, wrong date, missing signature) may lead to rejection of the request.
Watch conversion to expedited: Even if you file a normal request, in some scenarios you can convert to expedited (Form 18A) if eligible.
Anticipate objections: Be ready to respond to FER quickly; delays in response can prolong the process.
Recent 2024 Rule Change & Its Impact
The most significant change is the shift of the Form 18 filing deadline for new applications (filed on/after 15 March 2024) from 48 months to 31 months. This harmonisation aligns the examination request deadline with national phase entry timing.
Also, previous Rule 24B(1) and Rule 24B(6) have been amended to provide for limited extension of 3 months via Form 4, with conditions.
Thus, for newer applications, the examiner’s clock starts ticking earlier than before; applicants must be vigilant about the tighter timeline.
