Who can file a Request for Expedited Examination of Patents in India?

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Who can file a Request for Expedited Examination of Patents in India?

A request for Expedited Examination of patent may be filed by:

  • Patent Co-operation Treaty (“PCT”) applicant nominating the IPO as its International Searching Authority (“ISA”) or as an International Preliminary Examining Authority (“IPEA”) in the corresponding international application; or
  • A Startup
  • A small entity
  • If the applicant is a natural person or in the case of joint applicants, all the applicants are natural persons, then the applicant or at least one of the applicants is a female;
  • An institution established by a Central, Provincial or State Act, which is owned or controlled by the Government;
  • a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013); or that the applicant is an institution wholly or substantially financed by the Government;
  • If the application pertains to a sector which has been notified by the Central Government, on the basis of a request from the head of department of the Central Government;
  • the applicant is eligible under an arrangement for processing a patent application pursuant to an agreement between Indian Patent Office and a foreign Patent Office.
[Source https://ipindia.gov.in/writereaddata/Portal/ev/rules/pr24C.html ]
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