A Request for Examination (RFE) is a formal request made to the patent office to examine the patent application. This step is necessary for the application to proceed through the patenting process. In many jurisdictions, the examination does not begin automatically after filing. Instead, the applicant must submit an RFE within a specified time frame.

Request for Examination:

  • Mandatory Step: The patent application will not be examined without submitting RFE. It will eventually be considered abandoned if the request is not made within the required period.
  • Timelines: The time frame for submitting an RFE varies by jurisdiction. For example, in India, the request must be made within 31 months from the priority date or filing date, whichever is earlier.
  • Standard Processing: Once the RFE is submitted, the application enters the queue for standard examination. The examination process can take several years, depending on the backlog and workload of the patent office.

When to Use a Standard Request for Examination?

  • If there is no immediate need for patent approval and are comfortable with the standard examination timeline.
  • When the market entry or commercial exploitation of the invention is not time-sensitive.

 Express or Expedited Examination

Express or expedited examination is a process that accelerates the examination of a patent application, allowing for a faster determination of patentability. This option is particularly valuable when there is a commercial need to obtain patent protection quickly, such as when entering a competitive market.

Key Features of an Express or Expedited Examination:

  • Faster Processing: By opting for expedited examination, the application is moved to the front of the examination queue, significantly reducing the time it generally takes to receive a first office action, and potentially, the time to grant.
  • Additional Fees: Expedited examination often involves additional fees, and the cost varies depending on the status of the applicant (Natural person(s), Small entity, or other than natural person(s)).
  • Strategic Advantage: Obtaining a patent quickly can provide a strategic advantage in fast-moving industries, allowing enforcement of the inventors’ rights sooner or secure investment by demonstrating strong intellectual property protection.

When to Use Express or Expedited Examination?

  • Time sensitive due to market competition or potential infringement
  • To secure funding, licensing agreements, or partnerships
  • When the invention pertains to rapidly evolving fields where quick protection is crucial.