Can Private Universities file expedited patent examination request in India?

Short Answer: Yes. Private universities can file for expedited patent examination under rule 24C(1)(f) of the Patent Rules, 2003.

Long Answer: A student’s tenure in a university is limited, for example, for a B.Tech. Student, 4 years; for a M.Tech. Student: 2 Years, for a PhD fellow: anywhere between 3-5 years. However, if the student comes up with an invention that could potentially create value in society, the regular patent process can become a hinderance, as it takes at least 2 years for the patent to go from application to grant due to statutory limitations, 18 months for publication (Rule 24) and a six month opposition window (Rule 55 (1A). This extended timeline used to deter students and their universities from pursuing patent applications in the past.

However, after the introduction of Patent Amendment Rules, 2019, this situation has changed. As now, as per rule 24C(1)(f) an institution that is established by a Central, Provincial, or State Act, which is owned or Controlled by the Government can apply for expedited patent examination. It may appear at first instance from the language of the Rule 24C(1)(f) that it is referring to Government Institutions only, such as IITs, NITs, and other Govt. Universities. However, the rule as drafted actually covers private universities, such as Amity, LPU, Graphic Era, VIT-AP, as well.

The reason for this broad coverage of the Rule 24C(1)(f) is that all universities including private universities are established by their respective Acts in India and are heavily regulated (i.e. controlled) by the Government at both Central and State level.

Now, this interpretation of the Rule 24C(1)(f) although proven to be correct (examples provided below) is not very commonly known in the private university circles, and therefore very few private universities are exercising this facility of expedited patent examination available to them.

However, some universities have started using this rule to their benefit and creating precedent for others to follow. For example, IN494778, a patent granted to VIT-AP university (a private university in the state of Andhra Pradesh) has been granted via the expedited route taking benefit of Rule 24C(1)(f). Similarly, Graphic Era University has also filed for and received expedited examination to its applications, IN202211045132 and IN202211045126.

By taking the benefit of reduction in Fees for Educational Institutions (including private Universities) (introduced in Patent Amendment Rules 2021) and the facility of Expedited Examination u/r 24C(1)(f) (introduced in Patent Amendment Rules 2019), it has become easier for private universities to nurture and grow several student startups with patented technologies.

This is a fundamentally game changing policy by the Patent Office & Government of India which can bring significant economic growth and job creation in the coming years if more private universities seek benefit of these progressive rules to become incubation centers for new technology startups.

I hope this article helps.