The absolute deadline is 31 months from the earliest priority date. This deadline cannot be extended under any circumstances in India.

File Forms 1 (application), 3 (foreign filing statement), 18 (examination request), and 26 (power of attorney) with complete specification, priority documents if required, and proof of right within 31 months.

Yes, you can file anytime after PCT publication (18 months), but examination typically begins only after 31 months unless you request expedited examination.

The application cannot enter the national phase. India provides a 6 months extension beyond 31 months, making additional fee payment.

Not mandatory for Indian residents, but foreign applicants must either use a registered Indian patent agent or provide an Indian address for service.

31 months from the earliest priority date. India provides the additional month beyond the standard 30-month deadline.

From the earliest priority date claimed in your PCT application, not from the PCT filing date (unless no priority is claimed).

Yes. The 31-month deadline can be extended up to 6 months by paying additional fees.

Within 48 months from the priority date for older applications, or 31 months for applications filed after March 15, 2024. Can be filed with the national phase application.

Average 2-4 years from filing to grant for normal examination. Expedited examination can reduce this to 12-18 months.

Individual/Small Entity: ₹1,600 (~$19); Large Entity: ₹8,000 (~$97) for basic filing fee. Additional fees apply for excess claims and pages.

Yes, startups qualify for Small Entity status with 80% fee reduction compared to large entities, plus access to expedited examination.

Including filing, examination, and attorney fees: approximately $1,000-3,000 for individuals/small entities; $3,000-8,000 for large entities.

Three categories: Natural Person/Individual, Small Entity (including startups), and Large Entity/Other than Small Entity.

Yes, ₹320 (small entity) to ₹1,600 (large entity) per claim above 10 claims. Claims can be deleted at entry to reduce fees.

Complete specification, Forms 1, 3, 18, 26, proof of right (inventor signatures or assignment), priority documents if applicable, and power of attorney.

Only if your PCT application was not filed in English. India accepts English and Hindi, but English is universally used.

Only when PCT Rule 51bis.1(e) applies - when validity of priority claim affects patentability determination. Not automatically required.

Evidence that applicant has the right to file. Can be satisfied by inventors signing Form 1 or providing a separate assignment deed. Required within 6 months.

No amendments are allowed at entry except claim deletion. Only publicly available WIPO changes can be included. Amendments can only be filed after entry.

Faster processing (examination within 3 months) available for startups, small entities, female inventors, educational institutions, and others listed in Rule 24C.

Official examination report raising objections to patentability. Must be responded to within 12 months (extendable to 15 months with fees).

Novelty (most frequent), inventive step/obviousness, sufficiency of disclosure, non-patentable subject matter, and formal defects.

Yes, but only by disclaimer, correction, or explanation to narrow claim scope. No new subject matter can be added.

Form 27 must be filed annually providing details of commercial working of the patented invention, starting from the first commercial working.

Priority dates from original applications (up to 12 months earlier) are automatically carried forward from PCT application. Must provide certified priority documents if requested.

Yes, multiple priority claims from the PCT application are carried forward, provided they fall within the 12-month Paris Convention period.

Verified English translation is required only when the validity of the priority claim is relevant for patentability determination under Rule 21.

No, you cannot add priority claims not already included in the PCT application during national phase entry.

The Controller may request certified copies. If not provided, priority claims may be deemed invalid, potentially affecting novelty assessment.

PCT route provides more time (31 months vs 12 months), allows deferral of costs, and enables international search. Direct filing may be faster if only targeting India.

Extended time for national phase decision (31 months), international search report, potential international preliminary examination, and single filing for multiple countries.

Initially yes due to PCT fees, but can be cost-effective when filing in multiple countries. For India-only protection, direct filing is typically cheaper.

No, you cannot file the same invention directly in India if you've already filed a PCT application claiming the same priority.

PPH allows accelerated examination based on allowable claims from another patent office. Currently available between India and Japan Patent Office only.

Statement and undertaking regarding corresponding foreign applications. Must be filed within 6 months of applications filed before the Indian application.

Mandatory requirement to provide an Indian address for receiving official communications. Must be updated if changed during prosecution.

Yes, but only if the parent application contains multiple inventions. Claims must be divided between parent and divisional applications.

Third parties can oppose patent applications after publication but before grant. Opposition proceedings can delay grant significantly.

Mandatory for patent agents since 2019. Individual applicants can use e-filing or physical filing. Digital signature required for e-filing.

Missing 31-month deadline, not filing power of attorney timely, inadequate proof of right documentation, title exceeding 15 words, abstract exceeding 150 words.

Common reasons: lack of novelty, obviousness, insufficient disclosure, non-patentable subject matter (business methods, algorithms), and formal defects.

Inconsistent technical terms, omitted technical details, incorrect claim language, and unverified translations that don't faithfully reproduce original content.

File all required documents at entry, ensure proper power of attorney, provide adequate proof of right, respond to office actions within deadlines, and consider expedited examination.

Incorrect applicant/inventor names (matching WIPO records), missing signatures, inadequate address for service, and non-compliance with claim/abstract length limits.

Application is examined for formalities, published 18 months after priority date, substantive examination follows (if requested), leading to grant or rejection.

From the second year after filing. First renewal fee is due before the third anniversary, then annually. Can pay up to 6 months in advance.

Pay annual renewal fees, file working statements (Form 27), and comply with any licensing obligations if patent is not worked commercially.

Patent lapses. Restoration is possible within 18 months with additional fees and showing that failure was unintentional.

Yes, but assignments must be registered with the Patent Office to be effective against third parties. Fee required for registration.

Indian examiners consider ISR prior art but conduct independent examination. Favorable ISR can support arguments against novelty/obviousness objections.

Optional but can be beneficial if ISR raises significant prior art concerns. IPER may help overcome objections during national phase examination.

Yes, Indian Patent Office serves as ISA and IPEA for PCT applications filed by Indian residents and nationals of certain countries.

Art. 19 amendments are included only if publicly available on WIPO's website. Cannot be filed separately during national phase entry.

Negative ISR doesn't prevent national phase entry but may complicate prosecution. Consider filing response arguments or preparing amendments for prosecution.

Yes, Hindi is accepted, but English is strongly recommended as it's universally understood by examiners and avoids translation issues during prosecution.

Recognition certificate from Department for Promotion of Industry and Internal Trade (DPIIT) under Startup India initiative.

Enterprises under MSME Act 2006 criteria: manufacturing (investment up to ₹50 crore), services (up to ₹20 crore), with 80% fee reduction benefit.

Yes, 80% fee reduction available for educational institutions, encouraging academic research and IP creation.

While no official reduced-rate program exists, many agents offer flexible fee arrangements for individual inventors, and some government schemes provide IP support for innovators.