PCT National Phase Entry in India
You have a PCT international application designating India and are approaching the 31-month deadline from priority. This page covers what entry involves: filing within the deadline, translation coordination, claim adaptation for Indian practice, the examination request, and First Examination Report response. The work is led by Registered Indian Patent Agents in Bangalore, with a single point of coordination through prosecution.
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When PCT national phase entry applies in India
This page covers entry of a Patent Cooperation Treaty (PCT) international application into India through the national phase route. It applies where an applicant has already filed a PCT, is approaching the 31-month deadline, and wants Indian patent protection.
National phase entry retains the benefit of the applicable priority claim from the international application and folds Indian filing into the same family without restarting prosecution. Most foreign IP firms and applicants engage Indian counsel between the 25th and 30th month from priority, leaving time to review the international file, prepare entry papers, and coordinate translations.
For applicants who have not filed a PCT and want to file directly in India under the Paris Convention route, the relevant service is File a Patent in India. For applicants planning the PCT itself before national phase, File a PCT International Application covers the upstream filing.
How the national phase entry works
To start Indian national phase entry, foreign IP firms typically share the PCT publication number, applicant and inventor details, the published specification with claims, abstract, and drawings, any Article 19 or Article 34 amendments, an English translation where applicable, sequence listings for biotech and pharmaceutical cases, an executed Power of Attorney, and entity-status details. Applicant category (including small entity or startup status where claimed) is confirmed before fee calculation, and corresponding foreign filing information is gathered for Section 8 compliance.
Application preparation
The international-phase specification, claims, abstract, drawings, and any Article 19 or Article 34 amendments form the basis of the Indian filing. Where Indian-practice changes are required, Intepat reviews whether claim restructuring, deletion, dependency adjustment, or Section 3-focused claim positioning can be pursued within the scope of the international application as originally filed and in accordance with Sections 57 and 59 of the Patents Act, 1970.
Translation
An English translation is filed at entry where the international application was published in another language; Intepat coordinates with translation vendors and verifies technical accuracy.
Filing
The application is filed electronically through the Indian Patent Office portal, with the prescribed entry fees and applicant declarations.
Request for examination
Examination in India is not automatic. A separate request must be filed under Section 11B read with Rule 24B, within 31 months from the earliest priority date. Following the Patents (Amendment) Rules, 2024, the deadline runs in parallel with the national phase entry deadline, so PCT national phase entries close to the 31-month date typically file the request for examination alongside entry.
Substantive examination follows. The First Examination Report response is handled as part of Indian patent prosecution.
What Intepat handles in India
National phase entry filing within the 31-month deadline
Including verification of priority claims and applicant details against the international file.
Translation coordination for non-English international applications
With technical accuracy review before filing.
Claim adaptation for Indian practice
Including review against Section 3 exclusions and claim-dependency restructuring.
Filing the request for examination within the 31-month deadline
Typically alongside national phase entry.
Statement and undertaking under Section 8
With updated submissions due within 3 months of the First Examination Report under amended Rule 12(2).
Docketing of national phase entry, request-for-examination, and Section 8 disclosure deadlines through prosecution
Hearing representation before the Indian Patent Office
Coordination with the foreign IP firm and the inventor on technical and procedural questions through prosecution to grant
What is handled abroad or by the home agent
PCT-stage decisions are upstream of the Indian filing and remain with the applicant or the home patent agent.
- The PCT international filing itself, with the chosen Receiving Office.
- International search and the International Search Report by the chosen International Searching Authority.
- Article 19 and Article 34 amendments during the international phase. Decisions on these amendments should be communicated to Indian counsel before national phase entry, so the correct claim set is filed and Section 59 scope concerns are addressed.
- Other national phase entries in jurisdictions besides India, handled by local counsel there.
- Strategic choices on which jurisdictions to enter, typically settled before instructing Indian counsel.
Who this is for
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PCT National Phase Entry FAQs
What is the deadline to enter the Indian national phase?
31 months from the earliest priority date of the PCT international application, prescribed by Rule 20(4)(i) of the Patents Rules, 2003. The deadline applies regardless of the international-phase route taken under Article 19 or Article 34. The 31-month date should be calendared from the earliest priority claim, not from the international filing date, where these differ.
Can the national phase entry deadline be extended?
No. The 31-month deadline should be treated as a hard statutory deadline. India does not provide a routine reinstatement mechanism for missed national phase entry, and the Delhi High Court has treated the deadline strictly. The Patents (Amendment) Rules, 2024 broadened the Controller's discretion to condone delays generally, but this has not been construed as reopening missed national phase entry. Applicants should instruct Indian counsel well before the 31-month date.
Are claim amendments allowed at national phase entry?
Yes. Amendments are permitted at entry under the Act, including claim restructuring to align with Indian practice. Article 19 or Article 34 amendments made during the international phase can also be carried into the Indian filing through the entry papers. Further amendments during prosecution are governed by Sections 57 and 59; Section 59 prohibits matter not in substance disclosed in the unamended specification and requires amended claims to fall within the scope of an unamended claim.
What translation is required for Indian national phase entry?
English. The complete specification, claims, and abstract must be in English at entry. Where the international application was published in another language, an English translation is filed at entry. Drawings do not require translation, though legends and labels should appear in English. Translation accuracy remains the applicant's responsibility; Intepat coordinates with vendors and verifies technical fidelity before filing.
Does Indian examination start automatically after national phase entry?
No. Examination in India requires a separate request under Section 11B read with Rule 24B. Following the Patents (Amendment) Rules, 2024, the request must be filed within 31 months from the earliest priority date, so it typically falls due at national phase entry. If no request is filed, the application is treated as withdrawn. Expedited examination remains available for DPIIT-recognised startups and small entities.
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