Patent FAQs
We have a pending PCT application. What is the deadline for entering the national phase in India?
Thirty-one months from the earliest priority date. This is prescribed by Rule 20(4)(i) of the Patents Rules, 2003, and applies whether or not a demand for international preliminary examination was filed — India does not operate a 30-month/31-month split.
If the requirements of Rule 20 are not met within that period, the international application designating India is deemed to be withdrawn under Rule 22. There is no separate "late entry" route in the Act.
General information on Indian law, not legal advice. For advice on your situation, contact the firm.
Related questions
- Can the 31-month national phase deadline be extended?
- What do you need from us to enter the Indian national phase?
- Is the request for examination still due at 48 months?
- 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?
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