®By Trilegient Knowledge TeamPublished 26 October 2026Reviewed 26 October 202610 min readJurisdiction: India
In short: Most foreign applicants enter India through the PCT national phase, within 31 months of the priority date, or file directly under the Paris Convention within 12 months. A request for examination is then due within 31 months of priority, and Indian-specific duties such as the Section 8 statement and periodic working statements continue through the life of the patent.
Three routes into India
| Route | Deadline | Suits |
|---|---|---|
| PCT national phase | 31 months from priority | Applicants who filed an international PCT application and want to defer national costs |
| Paris Convention application | 12 months from first filing | A small number of target countries, or where speed matters |
| Direct first filing in India | — | Inventions made in India, or where India is the first filing country |
India allows 31 months for national-phase entry, one month more than many countries. This is a fixed deadline. Missing it generally means losing the right to enter India through that application.
What you will need
- Form 1: the application, naming the applicant and inventors
- Form 2: the complete specification (description, claims, abstract and drawings), in English
- Form 3: the Section 8 statement and undertaking on corresponding foreign applications
- Form 5: the declaration as to inventorship
- Form 26: power of attorney in favour of the Indian patent agent
- Priority document and, where needed, its verified English translation
- Proof of the applicant's right to apply, where the applicant is an assignee of the inventors
Several of these can be filed shortly after the application itself, within periods set by the Rules, so a filing need not wait for every original signature.
Deadlines after filing
| Step | When |
|---|---|
| Publication in the Patent Office Journal | After 18 months from priority (earlier on request, Form 9) |
| Request for examination (Form 18) | Within 31 months from priority |
| Response to First Examination Report | 6 months, extendable by up to 3 months |
| Updated Section 8 information (Form 3) | Within 3 months of the First Examination Report, and as directed |
| Annual renewal fees | From the third year, counted from the filing date |
| Statement of working (Form 27) | Once every three financial years, within six months of the period ending |
The time limit for requesting examination was shortened from 48 to 31 months by the Patents (Amendment) Rules, 2024. Expedited examination (Form 18A) is available to certain applicants, including startups, small entities, women applicants and applicants who chose India as their International Searching Authority.
What cannot be patented in India
Section 3 of the Patents Act lists what is not an invention. Several exclusions are broader than in the US or Europe and deserve attention at the drafting stage:
- Section 3(d): a new form of a known substance is not patentable unless it shows enhanced efficacy. For medicines, the Supreme Court has read this as therapeutic efficacy (see our note on Novartis).
- Section 3(k): mathematical or business methods, a computer programme per se and algorithms. Software-related inventions that show a technical effect can still be patented.
- Section 3(i): methods of medical, surgical or diagnostic treatment of humans and animals.
- Section 3(j): plants and animals, and essentially biological processes for their production.
Inventors resident in India: Section 39
Where any inventor is resident in India, Section 39 requires the applicant to obtain a foreign filing licence from the Controller before filing abroad, unless an application for the same invention was filed in India at least six weeks earlier. This matters for multinational companies with research and development teams in India. Breaching it can lead to the Indian application being treated as abandoned and to penalties.
After grant
An Indian patent lasts 20 years from the filing date (for PCT national-phase applications, the international filing date), subject to renewal fees. Any interested person can file a post-grant opposition within one year of the publication of the grant. Pre-grant representations can be filed at any time after publication and before grant.
Patentees must also file a statement of working on Form 27 periodically. The information is public and can be relevant to compulsory licensing, so it should be prepared with care.
We manage PCT national-phase entry and prosecution in India for applicants from the USA, China and elsewhere, through registered patent agents.