Fast-Track Patent Examination for Universities in India
Recently, there have been patent cases in India where request for expedited examination is rejected under Rule 24(C)(4)and such requests were processed in accordance with the provisions contained in rule 24(B), i.e. same as examination requests made normally.
An educational institution is eligible to request for expedited examination only under 2 circumstances as follows:
| Rule 24(C)(f) | Rule 24(C)(h) | |
| Provisions | that the applicant is an institution established by a Central, Provincial or State Act, which is owned or controlled by the Government | that the applicant is an institution wholly or substantially financed by the Government |
| Meaning | Central or State Government Colleges/Universities of India and not private institutions | wholly financed – 100% financing by the government substantially financed– financed amount ≮ INR 25 lakhs in a financial year; and financed amount ≮ 75% of the total expenditure of that institutionin the financial year |
| Examples | IITs, NITs, AIIMS, IIITs, Central Universities, etc., and not VIT (Vellore), MIT (Manipal), Amity and SRM. | wholly financed – IITs, NITs, AIIMS, IIITs, Central Universities, etc. substantially financed –any institution complying its definition |
| Proof of Eligibility | Any certificate or document declaring the educational institution to be established or controlled or owned by Government of India | Any certificate or document declaring that the institution is government funded; or a Balance Sheet of the institution with respect to the Financial Year |
There is no provision of refund of fee paid in excess in case the expedited examination request made by the applicant does not comply with the eligibility criteria and the request is processed in accordance with the provisions contained in rule 24(B), i.e. normal examination.
Another case in which an educational institution can file a request for expedited examination when there is an arrangement for processing a patent application pursuant to an agreement between Indian Patent Office and foreign Patent office.
The high number of patents granted to educational institutions in the previous financial year reflects their effective utilization of the expedited examination route.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.