How Patent Publication & Examination Work in India: Timeline and Legal Milestones

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Introduction

In the journey of obtaining a patent in India, timelines and procedural rules play a crucial role. The Indian Patent Act, 1970, and the Patent Rules, 2003, clearly outline how and when each step must be taken – from the filing of an application to its examination and eventual grant. Two of the most important milestones in this journey are Publication (Section 11A) and Request for Examination (RFE) (Section 11B). Understanding their timelines and interrelated procedures is essential for every inventor or patent agent to ensure smooth progress and avoid unintentional lapses.

1. The Significance of Publication and Examination

Patent publication and examination are not just procedural formalities – they are integral parts of the patenting system that ensure transparency, public knowledge, and fair evaluation of inventions.

• Publication allows the invention to enter the public domain for awareness and possible objections.
• Examination ensures that only genuine, novel, and industrially applicable inventions get patented.

Both these steps are strictly governed by time limits, which if missed, can result in the abandonment of the patent application.

2. Timeline and Procedure for Publication (Section 11A)

(a) Automatic Publication

According to Section 11A(1) of the Patent Act, every patent application is automatically published after 18 months from the date of filing or the date of priority, whichever is earlier.
This means:

• If you file a patent on 1st January 2024, it will be published on or around 1st July 2025 (18 months later).

(b) Early Publication

Applicants who wish to expedite the process can file a request for early publication under Rule 24A of the Patent Rules, 2003.

• Once this request (Form 9) is filed, the Controller usually publishes the application within one month from the date of the request, provided the application is complete in all respects.

(c) Exceptions to Publication

Certain applications are not published, such as:

• Those withdrawn before the expiry of 15 months from the date of filing or priority.
• Those falling under secrecy directions under Section 35 (relevant to national security).

(d) Effect of Publication

Once an application is published:

1. The applicant gains provisional rights (Section 11A(7)) – meaning, after the grant, they can claim reasonable compensation from infringers for any use of the invention between publication and grant.
2. However, the applicant cannot sue for infringement until the patent is formally granted.

If a Request for Examination (RFE) is not filed within 48 months from the filing or priority date, the patent application is automatically deemed withdrawn – and cannot be revived, even by appeal!

3. Timeline and Procedure for Request for Examination (Section 11B)

(a) Filing of RFE (Request for Examination)

Publication alone does not trigger examination. Under Section 11B(1), a patent application is examined only when a request for examination is filed using Form 18 (or Form 18A for expedited examination).

(b) Time Limit

The most crucial timeline in this process is:

• The Request for Examination must be filed within 48 months from the date of filing or the date of priority, whichever is earlier.

Failure to file within this time results in the application being treated as withdrawn under Section 11B(4) – a situation that cannot be revived later.

(c) Who Can File the Request?

The request can be made by:

• The applicant,
• The assignee, or
• Any interested person (for instance, a potential licensee).

However, the examination will proceed only once the request from the applicant or assignee is received.

(d) Expedited Examination

Rule 24C allows certain applicants to request expedited examination using Form 18A, applicable in specific cases such as:

• Applicants selecting India as the International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA).
• Start-ups, small entities, or female applicants.
• Applicants under bilateral agreements like the Patent Prosecution Highway (PPH).
  In such cases, the examination begins much earlier compared to the ordinary route.

4. The Sequence of Events and Dependencies

To understand the relationship between publication and examination, let’s summarize the chronological sequence:

Step	Legal Provision	Timeline/Rule	Remarks
Filing of Application	Section 7	Day 0	Application filed with provisional or complete specification.
Publication	Section 11A	18 months from filing/priority (automatic) OR 1 month (on early publication)	Public disclosure begins.
Request for Examination	Section 11B	Within 48 months from filing/priority	If missed, application deemed withdrawn.
Examination by Controller	Rule 24B	Within 1–3 months from RFE queue	FER (First Examination Report) issued.
Response to FER	Rule 24B(5)	Within 6 months (extendable by 3 months)	Applicant must comply or the application will be abandoned.

This table shows how publication starts the clock for public awareness, while RFE activates the examination machinery of the Patent Office.

Filing → Publication (automatic or early) → RFE → Examination → FER → Response → Grant/Refusal

5. Importance of Adhering to Timelines

Timely filing of requests and responses is crucial because:

• Patent applications are deemed withdrawn automatically by law for missing deadlines – no hearing or notice is required.
• Delays can lead to loss of patent rights, even if the invention is otherwise valid.
  Therefore, inventors and patent agents must maintain a detailed compliance calendar for every application filed.

6. Interaction Between Publication and Examination

While publication makes the invention visible to the world, examination is the stage of scrutiny. The Controller examines:

• Novelty,
• Inventive step, and
• Industrial applicability.
  Thus, without publication, there can be no examination, and without an RFE, the Patent Office cannot proceed to evaluate or grant the patent.

Conclusion

The procedural framework of the Indian Patent Act, 1970 ensures a balance between the rights of inventors and public interest. Publication (Section 11A) and Request for Examination (Section 11B) are key checkpoints that determine the pace and success of a patent application. Missing any deadline under these sections can have irreversible consequences. Therefore, understanding these timelines is not just a matter of compliance – it is the foundation of a successful patent strategy in India.

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References:

1. The Patents Act, 1970 (as amended up to 2024) – Sections 11A & 11B.
2. The Patent Rules, 2003 – Rules 24A, 24B, and 24C.
3. Manual of Patent Office Practice and Procedure, 2019.
4. Intellectual Property India – Official Patent Guidelines and Forms (Form 9, Form 18, Form 18A).

Also Read:

Understanding Intellectual Property Rights (IPR): Role in Innovation

How Patents Drive Innovation and Public Welfare

How WIPO, TRIPS & the Paris Convention Shape Global Innovation and Patent Protection

How India’s Patent Law Evolved: Key Milestones Leading to the Patents Act, 1970

Evolution of the Patents Act, 1970: Key Amendments Shaping India’s Patent Law

Evolution of Indian Patent Law: From Colonial Roots to TRIPS Compliance

CGPDTM and the Indian Patent System: Structure, Functions & IP Administration Explained

Landmark Patent Law Judgments in India: Key Judicial Decisions Explained

Sections 6-8 of the Indian Patents Act: A Guide to Patent Applications

Understanding Sections 7, 9–11B: Ordinary, Convention, and PCT Applications under the Indian Patent Act

How to Draft a Patent Specification in India: Importance, Structure & Legal Impact

How to File a Patent in India: Key Requirements, Documents & Deadlines

How Patent Applications Are Published in India: A Guide to Section 11A

How to File a Request for Examination in India: Section 11B of the Patent Act

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