The GOI has opened a special window to process patent applications within 6 to 12 months as against the normal route which takes 5 to 7 years. The easy route will be open only to start-ups and firms willing to file patents for new innovations first in India, thereby recognising the Indian patent office as a competent International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA).

The Department of Industrial Policy and Promotion (DIPP) notified the amended patent rules which included the provision among others. But the Controller General of Patents Designs and Trademarks will only take up a limited number of applications under the fast-track route in one year. There are 18 patent offices classified as ISA or IPEA in the world.

Now when an applicant files a “request for examination” which is a completed application form, it takes the Indian patent office 5-7 years to do the first examination. Then, based on the questions or contests by other parties, the patent office gives 12 months to respond to the original applicant after which it either grants or rejects the patent. The final award of patent depends on how soon the applicant responds to the queries. The centre is trying to bring down the first examination period to 18 months by March 2018 for applications filed through the normal route.

The fast-track facility will be available for start-ups set up anywhere in the world if they satisfy the definition of a start-up by DIPP. India has defined a start-up as one that has been set up in less than five years and whose turnover is less than Rs.25 crore. This definition will also be applicable to foreign start-ups.