Prosecuting patent applications across several countries is largely a matter of tracking each jurisdiction’s peculiarities. India has a few that catch foreign attorneys out regularly — starting with a national phase deadline that isn’t the one most countries use.
1. The deadline is 31 months, not 30
The general time limit for entering the national phase is 30 months from the earliest priority date. India has opted for 31 months.
That extra month is a genuine convenience — but it also means Indian filings sit outside the docketing rhythm that works for most other jurisdictions, which is exactly why they get missed.
2. It cannot be extended
Some jurisdictions permit an extension of time to enter the national phase. India does not.
Two judgments framed the position. The Madras High Court, in a case concerning a lapse in filing, observed that it was incorrect for the Patent Office to reject an application for condonation of delay outright and disallow filing — such matters should be decided on the facts and circumstances of each case, with an extension allowed where sought within one month of the lapse.
The Delhi High Court subsequently took a contrary view in a case about a lapsed Request for Examination (RFE) caused by docketing-system failures. There the applicant attempted to amend the priority date to extend the RFE deadline and failed — the Delhi HC upheld the Patent Office, holding that amendments cannot be made to an application that does not exist.
The safe working assumption remains that the 31-month national phase deadline is non-extendable. Where a deadline has slipped, relief is discretionary, fact-specific, and not something to rely on in advance.
Note on the RFE deadline. When this was written, the RFE deadline was 48 months from the priority date. The Patents (Amendment) Rules, 2024 cut it to 31 months from the earliest priority date, with effect from 15 March 2024. That change is significant for anyone working from older checklists — the request for examination now falls due at the same point as national phase entry, rather than seventeen months later. The 2024 Rules also broadened the Controller’s power to extend certain prescribed timelines on request, though national phase entry itself remains outside that relief.
3. Claims cannot be amended at the time of filing
By a notification dated 2 July 2012, the Patent Office clarified that it accesses information directly from the International Bureau. In its words, the documents filed by the applicant should exactly correspond with the up-to-date information available on the record of the IB on the date the national phase application is filed in India.
The consequence: any amendment must come after filing, not at it. An applicant can certainly amend — but only once the application has been filed as published by the IB.
4. The official fee covers 30 pages and 10 claims
The official fee is limited to 30 pages of specification — including drawings, sequence listing, specification and abstract — and 10 claims. Every additional page or claim is charged separately.
This interacts badly with the previous point, and it is where costs surprise people. An applicant hoping to reduce fees by trimming claims or specification at filing cannot do so: the Patent Office requires the fee to be paid on the original claims and specification as published by the IB. Amending at filing may therefore produce both the fees for the original document and a requirement to condone the irregularity — additional cost on both sides.
The practical sequence is: file as published, pay on the published document, then amend. Any claim-trimming strategy has to be executed at the international stage or after national phase entry — never at the moment of entry.
The takeaways
- 31 months, not 30 — India’s national phase deadline.
- Treat it as non-extendable — relief is discretionary and unreliable.
- File exactly as published by the IB — amend only afterwards.
- Fees cover 30 pages and 10 claims — with the RFE now due at 31 months under the 2024 Rules.
Frequently asked questions
What is the PCT national phase deadline in India? Thirty-one months from the earliest priority date, rather than the 30 months applicable in many other jurisdictions.
Can the national phase deadline in India be extended? It should be treated as non-extendable. Courts have differed on relief for lapsed deadlines, and any relief is discretionary and fact-specific.
Can claims be amended when entering the national phase? No — the documents filed must correspond exactly with the International Bureau’s record as at the filing date. Amendments are made after filing.
When is the request for examination due in India? Thirty-one months from the earliest priority date, following the Patents (Amendment) Rules, 2024 — reduced from the earlier 48-month deadline.