Patent application stuck? File one RTI to IPO

Short version. Patent application at Indian Patent Office (CGPDTM) typical timeline: filing → publication 18 months → request for examination → FER → grant — total often 3-7 years. If stuck without movement post-RFE filing, RTI to PIO of IPO Regional Office with ₹10 fee legally forces a written reply within 30 days under §7(1) RTI Act 2005.

Patent application stuck? File one RTI to IPO — RTI to IPO Delhi. 22 days later reply: Controller allocated; FER expected within 90 days. FER received;….

Real story

Dr. Mehta filed a patent in 2020. RFE filed 2022. “Pending examination” in 2025.

RTI to IPO Delhi. 22 days later reply: Controller allocated; FER expected within 90 days. FER received; pre-grant opposition filed by competitor; hearing scheduled.

Statute

- Patents Act 1970 (amended 2005) + Rules 2003. - CGPDTM Service Quality Charter — RFE → FER timeline. - §6(1) + §7(1) RTI Act.

Copy-ready RTI

To, PIO, IPO Regional Office, [Address]

Subject: §6(1) RTI Act — patent application status

   Applicant     : [Name]
   Patent App. no: [Reference]
   Filing date   : DD-MM-YYYY
   RFE date      : DD-MM-YYYY
   Title (brief) : [Invention]

Please provide:
1. Current status + stage (filed/published/RFE/examination/FER/grant).
2. Controller name + allocation date.
3. Reason for delay beyond Service Quality Charter SLA.
4. Pre-grant / post-grant opposition status.
5. Expected next step + timeline.

Citizen. Fee: ₹10 IPO/DD enclosed.
[Name + signature + address + date]

Common scenarios

- Examination not allocated. - FER reply pending response. - Pre-grant opposition under §25(1). - Post-grant opposition under §25(2). - Annual fee dispute.

Case law

- Novartis AG v. UoI, (2013) 6 SCC 1 — Patents must serve public interest. - CIC CGPDTM Patent (2018) — disclosure of examination pendency.

FAQs

Expedited examination?

Available for startups, women applicants, govt institutions, etc.

Patent term?

20 years from filing; annuities mandatory.

Pre-grant vs post-grant opposition?

Pre = before grant; post = within 12 months of grant.

Conclusion

Patent backlog can kill commercial viability. RTI accelerates.

Sources

- Patents Act 1970/2005; Rules 2003.

Last reviewed: 24 April 2026.

patent, ipo, cgpdtm, patents-act-1970, ipindia, intellectual-property, novartis, citizen-rti, section-6-1

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