Manual explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Chapter 22 of the Manual closes with a table of time limits for the whole life of a patent application and a short paragraph on extension of time. Several of its entries were changed by the Patents (Amendment) Rules, 2024, so the table cannot be used as a deadline list today. This article compares the Manual's table with the rules as now in force, row by row, for the steps where the live rule posts confirm the current position.
The Manual is the Patent Office's guidance and does not have the force of law; the Patents Act, 1970 and the Patents Rules, 2003 as now in force prevail. The Office revises its manuals, so check the current version on ipindia.gov.in.
The Manual's table gives forty-eight months for the request for examination, a one-month extension rule, and a calendar-year Form 27. After 2024 the request is due in thirty-one months for applications filed after the amendment, extension or condonation is available for up to six months on Form 4, and Form 27 is due once in three financial years. Several other rows have changed as well; where they differ, the Rules as now in force prevail.
What paragraphs 22.01 and 22.02 say
Paragraph 22.01 reminds every person concerned that time limits in the Act and Rules must be followed strictly and that a lapse may harm applicants, patentees and others. Paragraph 22.02 describes the petition for extension of time under rule 138 as it then stood: the Controller could extend most prescribed times by one month, upon terms, for everything except a list of excluded times, and the request had to be made before the time expired.
That is not the position now. Rule 138 was replaced in 2024. As the live rule post sets it out, the Controller may extend time or condone delay for up to six months on a request in Form 4 made before the end of that six months, and the request may be made more than once within the six months. See rule 138. The fee head is in the First Schedule as substituted in 2024; no amount is given here. Note also that some rules carry their own extension provisions, for example Form 3 under rule 12 and Form 27 under rule 131, so check the rule for the step you are dealing with.
The Manual's table against the rules as now in force
The table in paragraph 22.03 has forty-five rows. Only rows that can be confirmed from the live rule posts are compared below; a step that is not in the table means it should be checked in the rule post itself rather than assumed unchanged.
| Step | Period in the Manual's table | Period in the rule as now in force | Where to check |
|---|---|---|---|
| Statement and undertaking on foreign applications (Form 3) | Six months from filing | Six months from filing (unchanged) | Rule 12 |
| Later information on foreign filings | Six months from each foreign filing | Until three months from issue of the first statement of objections | Rule 12(2) as amended in 2024 |
| Controller's call for foreign objection details | Six months from the Controller's communication | Fresh Form 3 within two months of a reasoned direction | Rule 12(4) as inserted in 2024 |
| Request for examination (Form 18) | Forty-eight months from filing or priority, whichever is earlier | Thirty-one months, with the earlier period kept for applications filed before the 2024 Rules commenced | Rule 24B |
| Examiner's report | Ordinarily one month, not more than three | Same | Rule 24B(2)(ii) |
| First statement of objections | Within one month of disposal of the examiner's report | Same | Rule 24B(3) |
| Reply to the first statement of objections | Six months, extendable once by three months on Form 4 | Same | Rule 24B(5) and (6) |
| No grant before publication period ends | Six months from publication | Same | Rule 55 |
| Applicant's reply to a pre-grant notice | Three months | Two months, after the Controller's prima facie order | Rule 55(4) as amended in 2024 |
| Controller's decision on a pre-grant representation | Ordinarily within one month of the proceedings | Same | Rule 55(5) |
| Patentee's reply statement in post-grant opposition | Two months from the opponent's statement | Same | Rules 57 and 58 |
| Opponent's reply evidence | One month | Same | Rules 59 to 61 |
| Opposition Board's report | Three months | Two months | Rule 56 as amended in 2024 |
| Extension of the renewal period | Up to six months | Same | Rule 80 |
| Hearing request after "no prima facie case" in restoration | One month from intimation | One month | Rule 84 |
| Opposition to a restoration application | One month from publication (row 40); two months (paragraph 11.02.01) | Two months from publication | Rules 85 and 86 |
| Working statement (Form 27) | Three months from the end of each calendar year | Once for every three financial years, within six months of each period | Rule 131 |
| General extension of time | One month, with a list of exceptions | Up to six months on Form 4 | Rule 138 as substituted in 2024 |
Rows that are not in this table, such as the national phase, convention, publication and secrecy periods, are not repeated here because they need to be checked in their own rule or section posts; the Manual's figures are not a safe guide without that check.
Three traps in reading the Manual's table
- Forty-eight months is not a rule of the present. If you have an older application, rule 24B(1)(vi) preserves the earlier period for applications filed before the 2024 Rules commenced; for newer ones the shorter period applies. The rule post explains the saving, and your filing date decides which applies.
- The Manual contradicts itself on restoration opposition. Paragraph 11.02.01 allows two months from publication, the table says one month; the rule as now in force gives two months, which agrees with the paragraph. Discussed in our renewal and restoration article.
- A single extension rule no longer covers everything. Rule 138 is general, but rules such as 12 and 131 carry their own extension of up to three months; the shorter special period applies to those steps.
If you are planning around these periods, our patent examination request service can set up a docket from your filing dates using the current rules.
How to use the table safely
For each pending matter, find the step in the first column, read the rule post in the last column, and note the trigger date from your own file rather than from the Manual. For the sequence of the whole process, see the patent filing timeline from idea to grant. Check also the earlier articles on the request for examination and Form 3.
A worked example
Amber Cables Pvt Ltd filed an application after the 2024 Rules commenced. Reading the Manual's table, its agent diarised forty-eight months for the request for examination. A second reading of the live rule post shows thirty-one months from the earlier of filing and priority. The agent corrects the docket. At the same time the agent finds that the company's Form 27 is now due once for a three-financial-year block, not yearly, and that a missed Form 3 date can be addressed within the up to three-month period in rule 12 rather than under the general rule. The docket is rebuilt from the rule posts.
Common lapses
- Using the Manual's table as a docket without checking each row.
- Applying forty-eight months to an application filed after the 2024 amendment.
- Counting the pre-grant reply in three months.
- Assuming one month is the longest extension available.
- Missing that Form 27 follows a different cycle after 2024.
Need help with deadlines?
A wrong deadline cannot always be repaired. If you want your portfolio's dates checked against the rules as now in force and a docket built, see our patent examination request service.
Key takeaways
- The Manual's time lines table predates the 2024 amendment and must not be used as a docket.
- Request for examination: 31 months now for later applications, with the earlier period kept for earlier ones.
- Extension or condonation under rule 138 is up to six months on Form 4.
- Pre-grant reply, Opposition Board report, Form 3 updates and Form 27 have all changed.
- Check each step in its rule post.
Read next
- Chapter 9: request for examination and the 2024 period
- Chapter 18: Controller's powers, costs and review
- Rule 138: extension of time and condonation
- Patent filing timeline from idea to grant
Disclaimer: Based on the manuals and guidelines published by the Office of the Controller General of Patents, Designs and Trade Marks that are named in the article, as consulted on 4 October 2026. They are guidance and do not have the force of law; the Patents Act, 1970 and the Patents Rules, 2003 as amended (including the 2024 amendment rules) prevail, and the current versions on ipindia.gov.in should be checked. This article is general information, not legal advice; check the official text before acting.