Table of Contents
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.
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.