Overview (from entry to grant)
- When to enter: Enter the Indian national phase within 31 months from the earliest priority. The deadline can be extended by up to 6 months.
- On entry: File in English (submit a verified translation if the international application was not in English). Provide an address for service in India; and if you appoint an Indian patent agent, file a Power of Attorney (Form 26).
- Triggering examination: File a Request for Examination (Form 18). For applications filed on/after 15 March 2024, the request must be made within 31 months (earlier “48 months” practice no longer applies to new cases). Expedited examination (Form 18A) is available to eligible applicants.
- Post-entry obligations: File/update the Statement of foreign filings (Form 3/Section 8) per the amended rules (second update due within three months of FER issuance).
- Prosecution to grant: Application is published (by default at 18 months from priority; early publication available). On issuance of the First Examination Report (FER), respond within the prescribed period of 6 months, complete formalities, and proceed to grant.
Essentials
| Topic | India rule |
|---|---|
| National phase deadline | 31 months from earliest priority; 6 months extension possible. |
| Filing language | English (translation required if IA not in English; include verification statement) |
| Representation | Address for service in India required; POA (Form 26) if appointing an Indian agent |
| Forms at/after entry | Form 1 (entry particulars), Form 26 (POA, if agent), Form 18 (RFE), Form 18A (expedited examination, if eligible), Form 3 (foreign filing statement/update) |
| Examination window | RFE within 31 months (for applications filed on/after 15 Mar 2024) |
| Amendments | Permitted during national phase (no added matter); use Form 13 for formal amendments |
| Publication | Automatic at 18 months from priority. |
| Tracking | Status and e-register available via IPO online systems |
Documents & Information Checklist
- International application details (PCT number, publication number, earliest priority date).
- Specification, claims, abstract, drawings in English (with verification statement if translated).
- Applicant and inventor particulars.
- Form 26 (POA) where an Indian agent is appointed.
- Form 18 (request for examination) within the applicable window; Form 18A if pursuing expedited examination.
- Form 3 (Section 8) statement/update on corresponding foreign applications.
Official Fees (e-filing)
Entity classes:
- Reduced fee: Natural person(s), Startups, Small Entities, Educational Institutions (submit Form 28 where applicable).
- Default fee: “Others” (often called Large/Standard Entity), including when combined with any reduced-fee applicant.
| Fee item (e-filing) | Reduced fee (Individual/Startup/Small Entity/Edu) | Default fee (Others) | Notes |
|---|---|---|---|
| National phase filing — base (up to 30 pages & 10 claims) | ₹ 1,600 | ₹ 8,000 | Form 1; additional pages/claims charged separately |
| Per extra page (beyond 30) | ₹ 160 | ₹ 800 | Sequence listing pages separately charged (cap applies) |
| Per extra claim (beyond 10) | ₹ 320 | ₹ 1,600 | Count includes any Article 19/34 amendments on entry |
| Request for Examination (standard, Form 18) | ₹ 4,000 | ₹ 20,000 | Required to trigger examination |
| Express RFE for PCT NPE (Form 18 under Rule 20(4)(ii)) | ₹ 5,600 | ₹ 28,000 | For “proceed earlier” scenarios pre-31 months |
| Expedited exam (Form 18A) | ₹ 8,000 | ₹ 60,000 | Eligibility-based fast track |
Notes
- Physical filing attracts higher amounts/surcharges and is typically avoided.
- “Reduced fee” eligibility is regulatory (e.g., DPIIT-recognized startups; MSME-qualified small entities; notified educational institutions). Evidence/undertaking may be required (Form 28).
- Additional fees may apply for large sequence listings (caps in the schedule).
Professional fee for PCT National Phase Entry in India
| Service Provider | Professional flat fee (USD) | Turnaround (entry) | Phone | |
|---|---|---|---|---|
| Khurana & Khurana | $$$$ | ~3–5 business days | manju@iiprd.com | |
| Law Republic | USD 250 | ~4–6 business days | contact@lawrepublic.co | +917829119911 |
| Aishani Partners | $$$ | ~5–7 business days | contact@aishanipartners.com |
PCT national phase entry cost in India: Professional fees start from USD 250 on iProxima (typical USD 200 to 600). Government fees at entry are INR 8,000 for a standard case (up to 30 pages and 10 claims), plus surcharges for extra claims/pages. Translation and later-stage fees are separate. Compare providers on iProxima to match turnaround, and budget.
Process Steps
- File entry into the Indian national phase (ensure English text/translation and address for service; lodge POA if represented).
- Request examination: file Form 18 within the applicable window; consider Form 18A if you qualify and need expedited examination.
- Respond to FER: address objections with arguments/amendments (no added matter), attend hearings if scheduled.
- Grant: once in order for grant, the patent is allowed and granted patent is published.
What to share to get exact quotes
- PCT number, publication number, earliest priority date
- Claims and pages (and expected amendments)
- Need for translation (Y/N) and language of the IA
- Preference: standard vs expedited examination
References
- IPO — First Schedule (Official Fee Table) (e-filing amounts, page/claim escalators, RFE/expedited/early publication fees). IP India
- IPO — Forms & Rules (consolidated links to Forms 1, 3, 9, 13, 18, 18A, 26, 28; Rules updated to Mar 2024). IP India
- WIPO PCT Applicant’s Guide — India (31-month national phase limit, no reinstatement under PCT Rule 49.6; address for service; translation verification). pctlegal.wipo.int
- Patents (Amendment) Rules, 2024 — Gazette (RFE window aligned to 31 months for new filings; Form 3 update due within 3 months of FER).
Page contents last reviewed by an Indian Patent Agent on 8 December, 2025.