PCT National 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.
The national phase is where an international application becomes an Indian patent application. Paragraphs 07.03.01 and 07.03.02 of the Manual state the time limit, the documents and the particular rules for amendments, priority documents and examination timing that the Office applies.
The Manual says the national phase application in India must be made within 31 months from the priority date, and the international filing date becomes the date of filing in India. The international specification is taken as the complete specification, a verified translation is needed if it is not in English or Hindi, and only deletion of claims is allowed at entry without a separate amendment request. Do not confuse this 31-month entry period with the request-for-examination period, which was changed in 2024. 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.
Check the current Manual on ipindia.gov.in. For the rule, see rule 20 and rules 21 to 23, and for the overview PCT national phase in India. Filing support is available through our patent drafting and filing team.
The time limit and what it does (07.03.01)
The Manual explains that the national phase follows the international phase and must be started in each country where protection is sought within the time the PCT prescribes, 30 or 31 months from the priority date, though national laws may allow more. Indian law provides 31 months from the priority date. If the applicant enters within that period, the international filing date is the deemed filing date in India, and the priority from the first convention-country filing is preserved. To enter, the applicant pays the prescribed national fee and files a verified translation of the basic application where necessary. The Manual adds that some countries allow an extension for additional fee; for India, take any such provision from the current rule, not from the Manual.
The basic requirements (07.03.02)
| Requirement | What the Manual says |
|---|---|
| Time | Within 31 months from the priority date or international filing date, whichever is earlier |
| Form | The national phase application may be made in Form 1 |
| Office | Decided by the address for service in India given in Form 1 |
| Translation | If the international application was not filed or published in Hindi or English, a translation of the application, description, claims (as filed and, if amended, as amended with any statement), drawings and abstract |
| Specification | Title, description, drawings, abstract and claims as filed with the international application are the complete specification; if amended under Chapter I or II of the PCT, the amended text is taken |
| Title | If the PCT's translation of the title differs from the verified translation, the verified one is taken on record |
| Amendment | A separate request in Form 13 with the application; fee follows pages and claims as they stand in the international application on the Indian filing date |
| Earlier amendments | Amendments made before the search or examining authority are taken, if the applicant wishes, as amendments before the Patent Office before national phase entry |
| Other formalities | All other formalities for an ordinary application apply |
Deleting claims
At filing, the applicant may delete a claim under rule 20(1), in accordance with rule 14, without a separate amendment application. The Manual stresses that only deletion is allowed, and no addition, revision or modification of claims. It says that consequent changes in dependency of the remaining claims are allowed without a separate request, and that this option does not apply to applications filed before the amendments that took effect on 16 May 2016. Any other change of claims therefore needs the Form 13 route.
Changes in the applicant
If a change of name or of applicant after the international filing date is not reflected in the International Bureau's notification (Form PCT/IB/306), the change is made by Form 13 or Form 6, as the case may be.
The priority document
The Manual says the Office does not need the priority document if PCT/IB/304 is available on the WIPO website; if it is not, the Office may ask for it, and where it was filed through WIPO-DAS the applicant provides the access code. If the requirements of PCT rule 17.1(a) or (b) have not been met, the priority document must be filed before the 31 months from priority expire. If not, the Controller invites the applicant to file the priority document or its translation within three months of the invitation; failing that, the priority claim is disregarded for the purposes of the Act. The rule post on rules 21 to 23 covers the statutory text.
Examination timing and the 2024 change
The Manual says processing of a national phase application does not start before 31 months from the priority date, unless the applicant files an express request for examination before 31 months in Form 18 under rule 20(4)(ii). An applicant who wants expedited examination before that date files Form 18-A with the fee, along with the express request in Form 18. It adds that an international application designating India is treated as a convention application under section 135, with the international application date as the filing date.
Two cautions. First, the 31-month national phase entry period is separate from the request-for-examination period. The Patents (Amendment) Rules, 2024 changed the latter, and the Manual's references to Forms 18 and 18-A and to the periods around them should be read with rule 24B on request for examination; the Act and Rules as now in force prevail over the Manual. Second, check form numbers against the current list of forms.
What the examiner checks and the answers
| Examiner's question | The applicant's answer |
|---|---|
| Was entry made within the period? | The priority date and international filing date, with the entry filing date |
| Is a translation needed and is it verified? | A verified English translation of the international application as published or amended |
| Does the filed text match the international application? | Use the text as filed, or as amended under Chapter I or II |
| Are claims changed beyond deletion? | A Form 13 request, not a silent change |
| Is the priority document on record? | PCT/IB/304 or the WIPO-DAS code, or a copy filed in time |
| Has the applicant changed since the international date? | Form 13 or Form 6 as appropriate |
Worked example
Delhi Photonics Pvt Ltd files a PCT application in English with a priority date in April of Year 1. The applicant enters the Indian national phase before 31 months from priority, using Form 1, deletes two dependent claims at entry, and files Form 13 for a later correction. Because PCT/IB/304 is on the WIPO website, the Office does not ask for a priority document. The Indian filing date is the international filing date.
Need help with national phase entry?
The entry period is fixed, so the filing has to be planned early. Our patent drafting and filing team can prepare the national phase filing, translation and any claim deletions in time.
Key takeaways
- National phase entry in India is within 31 months from priority, as the Manual states; check the rule as now in force.
- The international text is the complete specification; amended text is used if amended under the PCT.
- Only deletion of claims is allowed at entry without a separate amendment request.
- The 31-month entry period is separate from the request-for-examination period changed in 2024.
- The Act and Rules as now in force prevail over the Manual.
Read next
- Chapter 7: PCT international application from India
- Chapter 9: request for examination and the 31-month period after 2024
- PCT national phase in India
- Rule 20: national phase applications
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.