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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.
