Short answer: enter India's PCT national phase within 31 months from the earliest priority date. For PCT applications filed on or after 15 March 2024, the Request for Examination is also due within the same 31 months. Treat 31 months as the planning line. The Patents Rules now give the Controller discretion to extend certain deadlines by up to six months on request, but that relief is discretionary and fact specific, so do not build a plan on it.
You likely know the PCT sets a global floor of 30 months to enter national stages. India gives you 31. What changed in 2024 is not the entry window, but the Request for Examination timeline for newer cases, which now compresses to the same 31 months.
What is the India national phase entry deadline in 2026?
31 months from the earliest priority date. This is set by the Patents Rules, 2003 (Rule 20), and fits within PCT Articles 22 and 39, which require at least 30 months globally and allow longer periods by national law.
Two quick clarifications we stress with clients:
- Earliest priority controls. If you have multiple priorities, count from the earliest one, not the international filing date.
- Chapter II does not lengthen India's window. Filing a demand does not give extra time in India.
Is there any extension after 31 months?
Plan for no, but know the rule. The Patents (Amendment) Rules, 2024 amended Rule 138 so that the Controller may, on a request, extend a period prescribed by the Rules by up to six months. The extension is at the Controller's discretion, it needs a request and the prescribed fee, and it is not automatic. In practice, we docket 31 months as a hard stop. If you are past it, act the same day and let us assess whether a Rule 138 request is realistic on your facts.
What we do when a client calls late:
- Confirm dates using the certified priority documents and the RO/IB record.
- Check what, if anything, was filed domestically before 31 months, for example any placeholder that could be perfected.
- Evaluate whether the facts support a Rule 138 request and prepare it the same day if they do.
We will not promise relief in India once 31 months has passed. If you see month 29 to 30 on your calendar, move now.
What changed in 2024 for the Request for Examination?
For PCT cases filed on or after 15 March 2024, the Request for Examination (RFE) must be filed within 31 months counted from the earlier of the priority date or the international filing date (Rule 24B as amended). For applications filed on or before 14 March 2024, the RFE deadline remains 48 months from that same earlier date. The same Rule 138 discretion applies to the RFE period, and the same caution: treat any extension as case specific.
Why this matters. The 2024 shift pulls the Indian RFE forward for newer cases, so you can no longer rely on a long 48-month runway. Many teams still have legacy dockets that say 48 months by habit. Update them.
How should you calendar India's PCT deadlines now?
Use two tracks, keyed to the application's filing date.
- Track A, applications filed on or after 15 March 2024
- National phase entry: 31 months from earliest priority.
- RFE: 31 months from the earlier of the earliest priority date or the international filing date.
- Rule 138: up to six months of discretionary extension on request; confirm case by case.
- Track B, applications filed on or before 14 March 2024
- National phase entry: 31 months from earliest priority.
- RFE: 48 months from the earlier of the earliest priority date or the international filing date.
We recommend one combined India docket entry that triggers at 29 months for both national phase entry and, for Track A cases, the RFE package as well. Many teams miss the compressed RFE when the PCT has a late-filed priority or a non-standard chain. Bring the RFE forward in your workflow so the case is complete at entry, not months later.
For a broader view of prosecution steps after entry, see India Patent Prosecution Timelines 2026.
What does national phase entry cost?
The Indian Patent Office charges official fees for the national phase filing, for each page and claim above the base allowance, and for the Request for Examination, with lower tiers for individuals, startups and small entities. The amounts depend on the applicant type and the length of the specification, so we quote them per case. Our attorney fee for national phase entry and the RFE is on the pricing page.
Do PCT Articles 22 and 39 change anything in India?
They set the floor, not the ceiling. PCT Articles 22 and 39 require at least 30 months to enter the national phase worldwide. India's 31-month rule fits within that framework and is the operative limit you should plan to.
Does a Chapter II demand give more time in India?
No. India does not give a longer period if you file a Chapter II demand. Treat India as a straight 31-month deadline for national entry, whichever PCT path you choose.
Common traps we see, and how to avoid them
Here is what derails India PCT entries most often in our files:
- Counting from the international filing date when an earlier priority exists. Fix the count to the earliest priority.
- Assuming the legacy 48-month RFE applies to all cases. It does not. Newer filings need the RFE by 31 months.
- Splitting responsibility across teams. One team prepares entry and another handles the RFE, and the compressed RFE falls through the cracks. Assign one owner for India who files both by 31 months for Track A cases.
A recent example. A multinational client handed us a PCT with two Paris priorities. Their internal system was counting from the international filing date. We recalculated off the earliest priority and moved the India entry forward by seven weeks. The case was filed on time, and for this post-15 March 2024 filing, we also lodged the RFE at the same time to close the loop.
Up against the deadline? Do this next
If you are inside month 29 to 31, take these steps in order:
1) Verify dates, earliest priority and international filing date, against the PCT record.
2) Assemble the entry package now: specification and claims as filed, applicant details, and the list of designated states.
3) Prepare the RFE in Track A cases so it can be filed with the entry.
4) Send us the file history and dates through our patent filing service. We will give you a same-day plan for India.
If the 31-month date has passed, send the file anyway. We will review the facts and tell you fast whether a Rule 138 request is worth attempting. There is no guarantee.
For comparative planning across jurisdictions, you may also find our PCT National Phase US Entry 2026 Guide and EPO Unitary Patent UPC Status 2026 helpful.
How GTC helps
You get an attorney-led team that has filed and prosecuted patents in the major jurisdictions since 2016. For India PCT entries, we prepare the calendar, file the entry, and if your case requires it, lodge the RFE inside the same 31-month window.
If you want us to own the deadline, we will. Send the PCT number and your priority dates. We will confirm the exact due dates in writing and move the file.
Sources
- Indian Patent Office, Patents Rules and amendments
- WIPO, PCT time limits for entering the national phase
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Frequently Asked Questions
What is the deadline to enter the PCT national phase in India in 2026?
31 months from the earliest priority date, under Rule 20 of the Patents Rules, 2003. It aligns with PCT Articles 22 and 39, which allow national laws to set longer limits than 30 months.
Is there a grace period or extension if the 31-month national phase entry deadline is missed?
Rule 138, as amended in 2024, lets the Controller extend a prescribed period by up to six months on request and payment of the fee. It is discretionary. Treat 31 months as the hard planning deadline and contact us immediately if you miss it so we can review the facts.
When must the Request for Examination be filed for India PCT national phase applications?
For applications filed on or after 15 March 2024, the RFE is due within 31 months from the earlier of the priority date or the international filing date. For applications filed on or before 14 March 2024, the old 48-month RFE deadline applies.
Can the RFE deadline be extended?
The same Rule 138 discretion applies: up to six months on request, at the Controller's discretion. Do not plan on it without a concrete basis.
How do PCT Articles 22 and 39 relate to India's 31-month deadline?
The PCT sets a 30-month minimum time limit to enter the national phase. National law can be longer. India uses 31 months, which fits within that PCT framework.
Does filing a Chapter II demand change India's entry deadline?
No. Plan for a 31-month entry limit whether you proceed under Chapter I or Chapter II.
