India is one of the larger destinations for PCT applications, and one of the less forgiving. The national phase deadline is thirty-one months and it is not extendable; the documents must match the international file as it stands; and since 2024 the request for examination falls due on the same day. This guide sets out what has to happen by then.
Quick reference
| Deadline | 31 months from the earliest priority date — not extendable |
| Form | Form 1, with the international application as published |
| Language | English; a verified translation if the international application was in another language |
| Amendments at entry | None, except deleting claims |
| Request for examination | Also due within 31 months, for filings on or after 15 March 2024 |
| Basic fee | ₹1,600 / ₹8,000, covering 30 pages and 10 claims |
The deadline
Thirty-one months from the earliest priority date. Most PCT states allow thirty; India takes the extra month it is entitled to, and then holds the line. There is no extension, no late-entry surcharge, and no restoration procedure at the Patent Office. Relief from a missed deadline has occasionally been granted by a court on exceptional facts, and should never be assumed.
The safe working assumption is that entry on day 31-months-and-one is entry that did not happen.
What is filed
Form 1, identifying the international application and requesting grant, together with:
- the specification — description, claims, abstract and drawings — as filed internationally, incorporating any amendments made under Article 19 or Article 34 that the applicant wants to rely on
- a verified English translation of all of it, including any text in the drawings, where the international application was not in English
- proof of the applicant’s right to apply — the inventors’ assignment or a declaration, where the applicant is not the inventor
- the statement of foreign applications listing the other national phases and the international application itself
- a declaration of inventorship
- a power of attorney in favour of the Indian agent
The priority document is usually already on the international file and need not be refiled.
What cannot be changed at entry
The specification filed must be the international application as it stands on the International Bureau’s record. The Indian office will not accept amended claims at the point of entry, and will not accept changes to the applicant’s or inventors’ names or addresses, unless those changes were recorded internationally.
The one exception is deletion of claims, which is allowed at entry without any petition — usually to bring the claim count down and reduce the fee.
Anything else the applicant wants changed is done after entry, by a separate application to amend, on the ordinary terms. Applicants used to reshaping claims on national entry elsewhere find this surprising, and it is a common source of a rejected filing.
The request for examination — same deadline
For international applications entering the national phase on or after 15 March 2024, the request for examination must be filed within thirty-one months of the earliest priority date — the same day as entry. Earlier entries keep the old forty-eight month limit for the request.
The practical effect is that entry and examination request are now filed together, and the fee for both is paid together. An applicant who enters in time but forgets the request has an application that will be deemed withdrawn.
Expedited examination is available on the same basis as for any other application, and an applicant who chose India as International Searching or Preliminary Examining Authority qualifies for it on that ground alone.
Fees
The basic filing fee — ₹1,600 for individuals, startups, small entities and educational institutions, ₹8,000 for everyone else — covers a specification of up to thirty pages and ten claims. Beyond that, each extra page costs ₹160 or ₹800, and each extra claim ₹320 or ₹1,600.
PCT specifications tend to be long and to carry many claims, so the excess fees are often the larger part of the bill. Deleting claims at entry is the one lever available to reduce them.
The request for examination adds ₹4,000 or ₹20,000, or ₹8,000 or ₹60,000 for expedited examination.
After entry
From entry the application is treated as an ordinary Indian application for every purpose. The Office publishes it — promptly, since the international publication has already made it public — and from that publication anyone can oppose it before grant. The statement of foreign applications must be updated within three months of the examination report, and the report itself answered within six months.
Frequently asked questions
What is the deadline to enter the national phase in India? Thirty-one months from the earliest priority date. It cannot be extended, and there is no late-entry procedure at the Patent Office.
Can I amend my claims when entering the national phase in India? No. The specification must match the international application as recorded by the International Bureau, including any Article 19 or 34 amendments relied on. The only change allowed at entry is deletion of claims. Other amendments are made afterwards by a separate application.
Do I need to file a request for examination with the national phase entry? For entries on or after 15 March 2024, the request is due within the same thirty-one months, so in practice it is filed with the entry. Without it the application is eventually deemed withdrawn.
Is a translation required for national phase entry in India? Yes, where the international application was not in English — a complete English translation of the description, claims, abstract and any text in the drawings, verified by the translator, filed within the thirty-one months.
What does PCT national phase entry cost in India? ₹1,600 or ₹8,000 for a specification of up to thirty pages and ten claims, plus excess-page and excess-claim fees above that, plus the request for examination at ₹4,000 or ₹20,000. Long specifications with many claims cost substantially more.
Does choosing India as ISA or IPEA help? Yes. An applicant who chose India as International Searching or Preliminary Examining Authority is eligible for expedited examination on that ground.
Useful official resources
- IP India — patents — forms and fees
- WIPO — PCT Applicant’s Guide, India — the official national chapter
See our related notes on the request for examination and its deadline, disclosing foreign applications on Form 3 and our earlier note on four things to know about the national phase.
A thirty-one month deadline approaching, or a specification that needs its claim count brought down before entry? Talk to us.