Patent FAQs
Is the request for examination still due at 48 months?
No — not for anything recent. The 2024 amendment reduced the period for filing a request for examination from 48 months to 31 months from the priority date or the filing date, whichever is earlier.
• Applications filed, or entering the Indian national phase, on or after 15 March 2024: 31 months.
• Applications filed before 15 March 2024: the earlier 48-month period continues to apply.
This is a common source of docketing error in portfolios migrated between systems, because the two tracks are distinguished by filing or national phase entry date, not by priority date.
If the request is not filed in time, the application is deemed to be withdrawn under Section 11B(4). Rule 137 is expressly unavailable for this deadline, which leaves a Form 4 request under Rule 138 as the only route, and only within the six-month window.
General information on Indian law, not legal advice. For advice on your situation, contact the firm.
Related questions
- What is Form 27, and who has to file it?
- How often is Form 27 filed since the 2024 amendment?
- What information does the revised Form 27 actually require?
- What happens if we miss the Form 27 deadline, or get it wrong?
- Does a Form 27 saying "not worked" expose the patent to a compulsory licence?
- What is the difference between pre-grant and post-grant opposition in India?
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