Request for Examination (Form 18) in India, Filed by Experts
A patent application is never examined automatically — you must file a Request for Examination (Form 18) within the statutory window or the application is treated as withdrawn. We track your deadline, file the RFE (or expedited Form 18A where you qualify) and manage the First Examination Report (FER). 100% online, with a fixed quote upfront.
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What Is Patent Examination Request (RFE)?
A quick, plain-language explanation before the details.
A Request for Examination is the formal step that asks the Patent Office to actually examine your filed application. Without it, your application sits unexamined and is eventually treated as withdrawn.
Under the Patents Act, 1970 and the Patents Rules, a patent application is examined only when a Request for Examination is filed on Form 18 within the prescribed period of 31 months from the priority date. If no request is filed in time, the application is treated as withdrawn by the applicant.
Administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) through the Indian Patent Office, via the e-filing portal at ipindia.gov.in.
Once a valid request is filed and examination is completed, the Controller issues a First Examination Report (FER); the examination process then continues within the statutory timelines up to grant or refusal.
Quick Facts
Is This Service Right for You?
Ideal for
- Applicants who have filed a patent but not yet requested examination
- Startups & small entities eligible for expedited examination
- Women applicants and government undertakings claiming Form 18A
- Inventors approaching the 31-month RFE deadline
- PCT national-phase applicants entering India
- Applicants who want the fastest route to a First Examination Report
You may need this if
- Your patent application has been filed but examination not yet requested
- You are within 31 months of the priority date and must act
- You qualify for expedited examination as a startup or small entity
- You are a woman applicant or a government undertaking
- You want a faster FER to accelerate grant
- You are entering the Indian national phase from a PCT application
Not sure if you need this?
Talk to an Expert →Why File a Request for Examination?
Filing the RFE on time is what keeps your patent application alive and moves it toward grant. Here is why it matters.
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01
It Is Not Automatic
A patent application is never examined on its own. Examination begins only after you file the Request for Examination — no request means no examination.
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02
Avoid Deemed Withdrawal
Miss the 31-month window and the application is treated as withdrawn. That deadline cannot be extended, so timely filing protects everything you invested in the application.
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03
Expedited Route for Eligible Applicants
Startups, small entities, women applicants, government undertakings and select others can file expedited examination on Form 18A for a materially faster First Examination Report.
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04
Triggers the FER
The request puts your application in the examination queue and leads to the First Examination Report, the key step where objections are raised and resolved.
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05
Controls Your Timeline
Choosing when and how to request examination — normal or expedited — lets you manage how quickly your application progresses toward grant.
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06
Foundation for Grant
Every granted patent passes through examination. A correctly filed, timely RFE is the gateway to a clean, enforceable grant.
Simple, Transparent Pricing
Custom quote for your case
Fees depend on your business type and scope. Get a clear, itemised quote upfront — no hidden professional charges, government fee billed at actuals.
Who Can Apply?
Eligibility checklist
- A patent application already filed and pending before the Indian Patent Office
- The 31-month period from the priority date has not yet expired
- The applicant (or an interested person) is entitled to request examination
- For Form 18A — proof of startup, small-entity, women-applicant or other eligible status
- The prescribed official fee for the applicant category is paid
Everything You Need. One Professional Team.
Deadline Assessment
Calculate your priority date and confirm exactly how long you have to file the Request for Examination.
Route Advice
Advise whether to file normal examination (Form 18) or expedited examination (Form 18A) based on your eligibility.
Eligibility Proof
Assemble startup, small-entity, women-applicant or government-undertaking proof needed for Form 18A.
Form Preparation
Prepare Form 18 or Form 18A accurately with correct applicant-category details.
Fee Computation
Compute the correct official fee for your applicant category and mode of filing.
E-Filing
File the request on the IPO e-filing portal and secure the acknowledgement.
FER Handling
Receive the First Examination Report, analyse every objection and plan the response.
Response & Follow-up
Draft and file a reasoned reply to the FER and track prosecution toward grant.
What You’ll Receive
What Documents Are Required to Request Examination?
Requirements depend on whether you file a normal request (Form 18) or an expedited request (Form 18A), and on your applicant category. Keep clear scans (PDF) ready — everything is collected securely online.
Application Details
Your pending patent- Patent application number and filing date
- Priority date (earliest, if priority is claimed)
- Copy of the filed specification and claims
- Current status of the application on the IPO portal
Applicant / Agent
Who is requesting- Name, address & category of the applicant
- Applicant type — individual, startup, small entity or others (affects fee)
- Power of authority (Form 26) for the patent agent
- Contact details of the authorised signatory
Expedited (Form 18A)
For faster processing- Startup India recognition certificate (if claiming startup status)
- MSME / small-entity documentation (if applicable)
- Proof of woman applicant, where that ground is claimed
- Government-undertaking / eligible-institution proof, if relevant
31-month hard deadline
The request must be filed within 31 months of the priority date. This period cannot be extended — miss it and the application is treated as withdrawn.
Expedited needs a ground
Form 18A is available only on a recognised ground — startup, small entity, woman applicant, government undertaking and select others. Keep your supporting certificate handy.
Applicant category sets the fee
The official fee depends on whether you are a natural person / startup / small entity or another applicant. Filing under the wrong category can mean overpaying or a shortfall.
FER follows the request
Once examination is taken up, the Controller issues a First Examination Report. Be ready to respond within the prescribed time — we handle this for you.
Don’t have all the documents?
We’ll identify what your case needs →How Requesting Examination Works (Step by Step)
The entire request is filed online through the Indian Patent Office e-filing portal at ipindia.gov.in.
Confirm the RFE deadline
Identify the priority date and confirm the request is within the 31-month window before anything else.
Choose normal or expedited
Decide between Form 18 (normal) and Form 18A (expedited) based on your eligibility and how quickly you need the FER.
Prepare the form & fee
Complete Form 18 or Form 18A with the correct applicant category and compute the official fee.
File on the IPO portal
E-file the request on ipindia.gov.in and obtain the filing acknowledgement.
First Examination Report (FER)
The Controller takes up the application and issues the FER listing objections on novelty, inventive step, clarity and patentability.
Respond & progress to grant
File a reasoned reply to the FER (and attend a hearing if required) within the prescribed time to move toward grant.
How Long Does the Examination Process Take?
| Stage | Expected Time |
|---|---|
| File Request for Examination (Form 18) | Within 31 months of priority |
| Filing acknowledgement | On filing |
| First Examination Report (FER) | Varies with IPO workload |
| Expedited examination (Form 18A) | Materially faster for eligible applicants |
The 31-month RFE deadline is fixed by the Patents Rules and cannot be extended. The time to receive the First Examination Report depends on the examination queue and the complexity of the invention; expedited examination on Form 18A is designed to produce the FER significantly faster for eligible applicants such as startups, small entities and women applicants.
Key Dates — At a Glance
| Frequency | What Is Due |
|---|---|
| After Filing the Request | Application enters the examination queue · Await allotment to an examiner · Confirm the filing acknowledgement is recorded |
| On the FER | Receive the First Examination Report · Analyse every objection raised · Plan a point-by-point response |
| Response Stage | File a reasoned reply within the prescribed time · Amend claims or specification if needed · Attend a hearing if the Controller requires one |
| Toward Grant | Clear all outstanding objections · Move to grant and publication · Begin paying annual renewal (annuity) fees |
Dates are indicative and may change with government notifications. Our team tracks every deadline so you never miss a filing.
Doing It Yourself vs TaxClue
Doing It Yourself
- Correctly calculate the priority date and 31-month deadline
- Decide between normal (Form 18) and expedited (Form 18A) filing
- Determine and prove eligibility for expedited examination
- Compute the right official fee for your applicant category
- Prepare and e-file the request without errors
- Analyse the First Examination Report objections
- Risk a deemed-withdrawn application by missing the deadline
With TaxClue
- Priority date and deadline confirmed precisely
- Right route chosen — normal vs expedited
- Eligibility for Form 18A assessed and documented
- Correct official fee computed for your category
- Request prepared and e-filed accurately
- Expert analysis and response to the FER
- Deadline tracked so nothing is deemed withdrawn
Skip the guesswork.
Let an expert handle it →Common Mistakes That Delay Your Application
TaxClue reviews your documents before filing to reduce avoidable errors.
What Happens After You Request Examination?
After Filing the Request
- Application enters the examination queue
- Await allotment to an examiner
- Confirm the filing acknowledgement is recorded
On the FER
- Receive the First Examination Report
- Analyse every objection raised
- Plan a point-by-point response
Response Stage
- File a reasoned reply within the prescribed time
- Amend claims or specification if needed
- Attend a hearing if the Controller requires one
Toward Grant
- Clear all outstanding objections
- Move to grant and publication
- Begin paying annual renewal (annuity) fees
Penalties & Consequences
What is at stake if you do not comply
- If the request for examination (Form 18) is not filed within 31 months, the application is deemed withdrawn
- A withdrawn application cannot be revived, and the invention passes into the public domain
- Filing under the wrong applicant type overpays the official fee or invites a fee objection
- Not opting for expedited examination (Form 18A) when eligible delays the First Examination Report
Regulatory Updates 2025–26
- 2024: The Patents (Amendment) Rules 2024 reduced the Request for Examination window to 31 months and give a discount for renewal fees paid in advance for four or more years.
- 2025: Expedited examination of patents is available to all applicants, including startups, small entities and female applicants.
- 2025: Patent applications, examination responses and renewals are filed online on the IP India portal (ipindia.gov.in).
Why Businesses Choose TaxClue
IP-Focused Team
Examination requests and FER responses handled by professionals who work on patents every day.
Deadline Discipline
We track the 31-month window and file well before it lapses — no deemed-withdrawn surprises.
Expedited Know-How
We assess Form 18A eligibility and file the fastest route you legitimately qualify for.
100% Online
Everything over WhatsApp / email — no office visits required.
Transparent Fees
A clear quote upfront — official fees billed at actuals, no hidden professional charges.
Confidential
Your invention and application details are handled under strict confidentiality throughout.
Your Documents Deserve Professional Care
- Application details handled by professionals under strict confidentiality
- Access limited to the team working on your file
- Communication over secure digital channels
- Documents retained only as long as needed for prosecution
Frequently Asked Questions
Is a patent application examined automatically in India?
What is the deadline to file the Request for Examination?
What happens if I miss the 31-month RFE deadline?
What is Form 18 versus Form 18A?
Who can file for expedited examination on Form 18A?
What is a First Examination Report (FER)?
Can I file the Request for Examination before filing the complete specification?
How is the priority date used to calculate the RFE deadline?
Is there an official fee to request examination?
What happens after I file the Request for Examination?
Does entering the Indian national phase from a PCT application change the RFE requirement?
Can TaxClue also handle the FER response after the request?
How do I request examination on Form 18 and what does it cost?
How long after filing the RFE will I receive the First Examination Report?
Can I convert a normal Form 18 request into an expedited Form 18A request?
Does filing the RFE change the 20-year patent term?
What is the difference between the RFE deadline and other patent deadlines?
Can a person other than the applicant request examination?
Official Sources & Legal References
Every legal detail on this page — the forms, the 31-month deadline and the expedited route — is drawn from primary law and official government sources. Verify them directly:
- IP India — Patents e-filing portalOfficial portal to file Form 18 / Form 18A and track application status
- Patents Act, 1970 — full textThe governing law for patents in India · India Code
- Patents Rules, 2003 & formsRules, fee schedule and the prescribed patent forms (18, 18A, 26)
- InPASS — Indian patent searchOfficial database to check the status of Indian patents and applications
Related Guides
Examination: RFE, FER & Hearing
Read guide ArticlePatent Filing Timeline: Idea to Grant
Read guide ArticleInside a Patent Specification
Read guide ArticlePre-Grant Opposition (Section 25(1))
Read guide ArticlePCT Benefits for Indian Applicants
Read guide ArticleWho Can Be a Patent Agent
Read guide ArticleIP Strategy for Startups
Read guidePatent Examination Request (RFE) Resources — All Free
File Your Request for Examination Before the Deadline
Expert-managed Request for Examination — deadline assessment, Form 18 or expedited Form 18A filing, and full First Examination Report support. Consultation, custom quote, zero hidden charges.
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