Introduction
Over the last year, patent applicants and attorneys in India have noticed a shift — the Indian Patent Office seems to have slowed down. Despite record-breaking numbers in 2023–2024, the number of First Examination Reports (FERs)1, hearing notices, and grants issued in 2024–2025 has dropped sharply. At first glance, this trend might appear to be a cause for concern: delays in examination, uncertainty for applicants, and longer prosecution timelines.
But this article takes a different view. It explores how the slowdown in FER issuance may work to an applicant’s advantage. In today’s global innovation ecosystem, where strategic timing, cross-jurisdictional alignment, and commercial readiness matter more than ever, these delays may offer critical breathing space to enhance the quality, value, and scope of patent rights in India.
Patent Filing and Examination Trends in India2
Over the past five years, patent filings in India have seen an upward trajectory. From January 2020 to January 2025, filings have increased significantly, with 93,417 applications filed in 2023-24 alone – making the highest in the 5 years.
However, this upward trend came with an unexpected twist: a significant decline in the number of examinations between 2023-25. The number of FERs issued by the Indian Patent Office dropped dramatically from a peak of 71,138 in 2020-2021 to a mere 14,756 by 2024-2025, indicating an alarming 79% decrease.
Understanding the Delays
Naturally, prolonged delays in the issuance of First Examination Reports can lead to uncertainty for applicants, especially those with time-sensitive commercialization or enforcement strategies. Startups and innovators seeking investor confidence or regulatory approvals may find it difficult to proceed without clarity on their patent status. For businesses operating in competitive sectors, a pending application without examination may also weaken their ability to deter infringers or negotiate licensing deals with full leverage. Moreover, the uncertainty can impact long-term planning around product launches, disclosures, and R&D directions.
While no official explanation has been issued, several structural and transitional factors may be contributing to this slowdown. First, the Indian Patent Office appears to be undergoing a phase of internal adjustment. With recent organizational changes and staffing transitions, the examination pipeline may be experiencing temporary strain. At the same time, operational dynamics—such as remote work arrangements and evolving administrative processes—could be impacting overall productivity and examination timelines.
Moreover, this period of slowdown may also reflect a system-wide recalibration. As the patent ecosystem grows in scale and complexity, ensuring consistent quality of examination becomes critical. Internal emphasis may have shifted toward long-term structural reforms rather than short-term output.
That said, there are signs that the current slowdown may be part of a transitional phase. Unofficial reports suggest that steps are being taken to strengthen institutional capacity and improve operational efficiency over time. If these efforts bear fruit, they could help streamline the examination process and address the growing volume of applications shortly.
The Strategic Upside of Patent Delays in India
While the delays may seem like a negative development at first glance, it’s essential to recognize the potential benefits it brings to applicants. Here’s a deeper dive into why waiting for the examination may not always be a setback, but rather an opportunity:
Alignment with Foreign Standards and Approvals
While examination in India is pending, counterpart applications in jurisdictions like the USPTO or EPO may already be underway or close to grant. Since these jurisdictions have a more rigorous examination process, the Indian Examiner can rely on these established findings, thereby reducing the likelihood of a refusal based on novelty or inventive step in India. In fact, it is common practice in India for the examiners to wait for search reports from USPTO or EPO3.
Similarly, applicants in India can have groundwork already laid in foreign patent offices, where patentability may have already been scrutinized and established. A delayed FER in India enables the applicant to be better prepared for what to expect, accordingly, submit better responses, and harmonize their claims with those that may have been accepted in other jurisdictions. This ensures consistency across different markets and helps avoid discrepancies or conflicts between the scope of the granted patents in different countries.
Additional Time for Further Research and Testing
A delay in prosecution provides the applicant with additional time to conduct further research, test new embodiments, and refine the invention. When the examination begins and if the Examiner demands research results, the applicant can readily produce the same – this practice of requiring additional efficacy data at the time of examination is very common for chemical and pharma patents in India.
Further, if the patent application is compliant with Section 59 of the Indian Patent Act, i.e., no new matter is being introduced. The findings of further testing may be incorporated into the same patent application by way of amendment to ensure that the claims are aligned with current market technology and reflect the most cutting-edge innovations. Where new matter has been discovered during this additional time, the applicant can also make a timely decision on filing additional applications, including divisional and patent applications.
Opportunity to File Divisional Applications
Under Section 16 of the Act, an applicant may file a divisional application at any time before the final disposal of an application. If disposal (grant or refusal) is delayed, applicants get the necessary breathing room to assess the need for filing a divisional application. If the original application contains more than one invention, the applicant may strategically split it into separate filings to cover the broader subject matter.
However, a divisional can be filed only while its parent is pending, and the Indian Patent Office does not issue a notice of allowance or an intimation to grant like its US and EP counterparts; neither is there an issue fee. In other words, after submitting a response to an action, such as a response to an FER, the Patent Office may directly grant the patent, taking away the opportunity of filing a divisional. Thus, a delayed examination allows applicants the time to decide whether filing a divisional would be useful, especially if the parent’s claims are modified or rejected in other jurisdictions.
Strategic Timing and Competitive Advantage
Applicants may use the additional time to align their patent prosecution strategy with broader business objectives. The delay in India may allow them to time their patent grant with market readiness or changes in industry dynamics. For example, if an invention pertains to a product under development, the applicant may prefer to delay the grant until the product is market-ready. This can help time the enforcement window and licensing opportunities to maximize commercial value.
Better Preparation for Potential Opposition
A delayed FER effectively extends the window for filing a pre-grant opposition by third parties. While this may increase the risk of opposition, it also gives applicants more time to prepare a robust defense and anticipate potential objections in advance.
Facilitating Licensing and Investment
Even during the patent-pending phase, applicants can enter into licensing or partnership agreements, provided they disclose the application’s status. The waiting period can also be used to secure funding or build commercial alliances. With sufficient time to refine the application and align it with market developments, the chances of securing commercial interest increase.
Conclusion
Although delays in patent prosecution—particularly in the issuance of FERs—may initially seem detrimental, they often open up meaningful strategic opportunities for applicants in India. From better alignment with international filings to extended time for claim refinement and market positioning, these delays can be leveraged to enhance the strength and value of a patent. In a complex, fast-moving global innovation environment, time can be an asset—if used wisely.
While this article highlights the strategic advantages that applicants may extract from the current slowdown, it is important to recognize that such a state of affairs cannot be sustained indefinitely. Timely examination is the cornerstone of a reliable patent system. Persistent delays can ultimately erode confidence in the system, disincentivize innovation, and affect India’s competitiveness as an IP destination. Therefore, systemic improvements in examination timelines remain critical to preserving both the credibility and the long-term functionality of the Indian Patent Office.
- First Examination Report (FER) is the first formal communication from Indian Patent Office. It is the same as an Office Action (OA) issued by the USPTO ↩︎
- https://iprsearch.ipindia.gov.in/DynamicUtility/DisposalOfPatentApplications/Index ↩︎
- Fun Fact – Between 2021-22, there were several instances where the Indian Patent Office issued examination reports even before the examination has begun at USPTO or EPO! ↩︎