It is routinely asked at the first disclosure meeting how long it will take for a patent to be granted in India. The curiosity is natural because product launch and fundraising calendars depend on it. A straight answer is possible only when statutory steps, recent rule changes, and the applicant’s own choices are put together. The good news is that timelines can be managed, especially after the 2024 amendments, although real-world pendency still varies across fields and workloads.
The moving pieces that decide “how long”
Three factors largely set your clock, the route you choose, the statutory deadlines you must meet, and the Indian Patent Office’s examination and opposition pipeline. Since March 15, 2024, the Request for Examination deadline shortened from 48 months to 31 months from the earliest priority or filing date for applications filed on or after that date. For older filings, the earlier 48-month limit still applies. This change pulls examination forward and forces earlier decision making at national phase entry.
A practical timeline, step by step
Normal examination, realistic range
Publication, usually at 18 months from priority unless early publication is requested.
Request for Examination (RFE), now due by month 31 for new filings, else by month 48 for pre-amendment cases. Missing it ends the application, so diary it with national phase entry.
First Examination Report (FER), issued after the case reaches an examiner’s queue.
Response to FER, within 6 months, extendable up to 9 months on request. The 2024 rules clarify that the extension can be sought up to the ninth month, not only before month six.
Hearing and grant, if objections are overcome, otherwise further office actions continue.
Pre-grant opposition, if filed, can pause grant until disposal.
How long end to end? Most non-expedited cases still resolve in roughly two to four years from the Indian filing or national phase entry, depending on art unit, office workload, and whether opposition arises. Some sources continue to cite two to five years, which aligns with observed variance.
Expedited examination, when you qualify
Rule 24C allows expedited examination for defined categories, including startups, small entities, at least one female natural person applicant, government departments and funded institutions, applications indicating India as the competent ISA or IPEA, cases under a PPH arrangement, and sectors specially notified. The rule also binds the office with internal timelines for the examiner’s report and Controller’s disposal. In an unopposed, well-drafted case, grants close to a year have been achieved. Realistically, about 12 to 18 months is a sensible planning band if the case is strong and responsive prosecution is maintained.
What actually speeds things up
1) File the RFE early
With the 31-month limit for new filings, the easiest win is to file the RFE immediately at national phase entry and request early publication so the application is ready to be taken up.2) Use expedited examination where eligible
If you qualify under Rule 24C, file Form 18A and, where applicable, pair it with early publication. Keep replies crisp. The rule sets specific office-side processing windows that, in practice, move such files faster.3) Respond decisively to the FER
The response window is 6 months plus up to 3 months extension. Use the time, but avoid last-day filings unless essential. Address each objection with claim amendments, data, or argumentation that maps to Indian practice, for example inventive step and Section 3 exclusions. The 2024 clarification that extension requests may be filed up to month nine is useful, but speed beats brinkmanship.4) Pre-empt oppositions
Pre-grant oppositions extend the runway. Prior-art and Section 3 vulnerabilities should be stress-tested early to reduce opposition traction. If sensitive disclosures are unavoidable, consider sequencing filings and publication strategy.2024 rule changes that alter your calendar
The Patents (Amendment) Rules, 2024 introduced several timeline and compliance tweaks that indirectly influence grant speed.
RFE at 31 months for applications filed on or after 15 March 2024. For applications filed on or before 14 March 2024, the 48-month limit continues. This synchronises the RFE with India’s 31-month national phase deadline and narrows decision slack.
FER response practice, extension possible up to the ninth month, making procedural management less brittle while keeping the base six-month response rule intact.
Form 27, working statements now once every three financial years rather than annually. This does not directly change grant time, but it eases post-grant compliance planning that often runs in parallel with prosecution.
Pendency picture in 2025, and what to expect
Public commentary through 2024 and 2025 notes both acceleration efforts and patches of slowdown. As policy, India has pushed for faster disposal by tightening the RFE window and expanding expedited categories. At the same time, some analyses report a dip in FER issuances in 2024–25 and caution that workloads can stretch timelines beyond earlier expectations. Sensible planning therefore assumes normal cases at two to four years, and expedited at around a year to 18 months, barring oppositions or complex objections.
How do courts view delay during enforcement?
Although grant time is largely administrative, enforcement realities influence how urgently a grant is sought. Indian courts, at interim stages, weigh prima facie case, balance of convenience, and public interest rather than simply the label of a granted patent. For instance, in Merck Sharp & Dohme v. Glenmark (Supreme Court, 2015), a strong prima facie case supported interim restraint, whereas in Roche v. Cipla (Delhi High Court, 2008), public interest and validity challenges led to denial of an interim injunction at an early stage. The lesson is simple, grant is necessary, but high-quality papers and data decide speed of relief.
Two common questions, answered in place
Can a patent still be granted within a year?
Yes, in clean, eligible cases under expedited examination, it is achievable. This presumes early publication, prompt and persuasive FER responses, no pre-grant opposition, and a focused claim set. It is prudent to plan for 12 to 18 months instead of assuming the best-case number in every field.If my application was filed before March 15, 2024, does the 31-month RFE apply?
No. The transitional rule keeps the 48-month RFE timeline for applications filed on or before 14 March 2024. For applications filed on or after 15 March 2024, the 31-month rule applies.Applicant checklist to keep your grant timeline tight
At filing: Choose the right route, and if entering via PCT, budget to file the RFE at month 31 together with national phase entry.
Publication: Request early publication unless confidentiality strategy dictates otherwise.
Eligibility scan: Check Rule 24C grounds for expedited examination. File Form 18A with proof, and request publication if not already published.
Prosecution discipline: Use the 6 plus 3 months window wisely, but target earlier, comprehensive FER replies.
Opposition hygiene: Anticipate likely prior art and Section 3 objections, build data, and keep claim amendments tidy to reduce opposition traction.
Portfolio hygiene: Avoid over-broad initial claims that invite protracted rounds. Draft layered claims with clear technical effects to meet inventive-step scrutiny.
Bottom line
There is no single number that fits all patents, but there is a reliable planning range. Under normal examination, expect two to four years in India, depending on field, workload, and whether opposition is triggered. Under expedited examination, about 12 to 18 months is a realistic target for strong, unopposed cases. The 2024 amendments have pulled examination forward by moving the RFE to 31 months for new filings and have made FER practice more manageable, which, if paired with disciplined prosecution, shortens the journey to grant. Treat timelines as a project you can influence, not a fate you must simply wait out.
