Rules 19F 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.
Rules 19F to 19J cover the front end of international preliminary examination under Chapter II of the Patent Cooperation Treaty. They make the Delhi branch the Indian International Preliminary Examining Authority, say for whom it acts, fix the rule on the time for making a demand, point to the fees, state how a demand is made and how the Authority processes it on receipt.
The Delhi branch performs the functions of the International Preliminary Examining Authority under an agreement with the International Bureau (rule 19F(1)). A demand must be made within the period specified in the Treaty or its regulations; a late demand is considered not to have been made and no report is prepared (rule 19G). On receiving a demand it is competent to handle, the Authority assigns the mark 'IPEA/IN' and notifies the applicant and the International Bureau (rule 19J(1)); if not competent, it transmits the demand promptly to the International Bureau (rule 19J(2)).
Rule 19F: the Indian International Preliminary Examining Authority
Sub-rule (1)
The Patent Office, Delhi branch shall perform the functions of the International Preliminary Examining Authority under the Treaty in accordance with an agreement between the Indian Patent Office and the International Bureau. This is the same branch that acts as the Indian Searching Authority under rule 19A; see our article on rules 19A to 19E.
Sub-rule (2): whose demands it examines
The Examining Authority shall establish:
| Clause | Report or examination | For whom |
|---|---|---|
| (a) | The International Preliminary Examination Report | All international applications electing India as an International Preliminary Examining Authority |
| (b) | The International Preliminary Examination Report | Demands filed by nationals or residents of other countries, in accordance with an agreement between the Indian Patent Office and the International Bureau, upon being notified by the International Bureau |
| (c) | The International Preliminary Examination | Demands made by nationals or residents of other countries not party to the Treaty or not bound by Chapter II of the Treaty, if the Assembly so approves |
Clause (a) is the main route for applicants who choose India. Clauses (b) and (c) widen the Authority's work to other countries' nationals or residents, in the way the clauses describe. Rule 17(aa) defines "Examining Authority" by reference to rule 19F(1); see rules 17 to 19.
If you are deciding whether to ask for preliminary examination of an international application, our patent examination request service can help you weigh the step and prepare the demand.
Rule 19G: period for making a demand
- Sub-rule (1). The demand for international preliminary examination shall be made within the period specified in the Treaty or regulations under the Treaty. The Rules do not restate the period; the applicant must read the Treaty and its regulations.
- Sub-rule (2). If the demand is made after the expiry of that period, it shall be considered to have not been made, and no International Preliminary Examination Report shall be prepared.
The consequence is severe because the rule leaves no discretion in the text. A demand that arrives late is treated as if it was never made. Rule 19G does not provide for condonation. The 2024 general power in rule 138 allows extension of time "for doing any act or taking any proceeding" under the Rules on a request in Form 4; whether it can reach a Treaty-set period under rule 19G is not stated in the text, so do not rely on it.
Rule 19H: fees payable to the Examining Authority
The fees payable to the Examining Authority shall, in addition to the fees specified in the regulations under the Treaty, be the fees specified in the Fifth Schedule. The Fifth Schedule is named in the contents of the Rules but is not printed in the sources used for this series, so no amount is stated here. Entries 50 to 53 of the First Schedule (as substituted in 2024) concern transmittal and priority document copies, not demand fees.
Rule 19I: manner of making a demand
A demand shall be made in accordance with these rules, the Treaty and the regulations under the Treaty. The list of Forms in the Second Schedule names no separate Form for the demand; the manner is governed by these rules, the Treaty and its regulations. Our guide on the PCT route explains the stages around a demand.
Rule 19J: processing of demands
- Sub-rule (1). On receipt of a demand, if the Examining Authority is competent to conduct an international preliminary examination, it shall assign the identification mark 'IPEA/IN' and notify the applicant and the International Bureau.
- Sub-rule (2). If the Examining Authority is not competent to conduct the international preliminary examination of the application, it shall transmit the demand promptly to the International Bureau.
The sequence mirrors the 'ISA/IN' notice at the search stage. After a competent demand is received, the application is referred for examination under rule 19K, covered in our article on rules 19K to 19N.
A worked example
Trident Marine Coatings has an international application with a written opinion from the search stage. It elects India as the preliminary examining authority and makes a demand within the period set by the Treaty and its regulations. The Delhi branch checks that it is competent; because the application elects India, it is. It assigns 'IPEA/IN' and notifies Trident and the International Bureau (rule 19J(1)).
A different applicant, a resident of a country with an agreement, files a demand that the International Bureau notifies to the Indian Authority. Rule 19F(2)(b) allows the Authority to establish a report for that demand. A third applicant files a demand after the Treaty period has expired; under rule 19G(2) the demand is considered not to have been made and no report is prepared.
Practical checklist
- Confirm from the Treaty and regulations the period for the demand, and diarise it from the correct date.
- Check that India is the authority you want to elect.
- Pay the Fifth Schedule fees along with the fees under the Treaty regulations.
- Expect the 'IPEA/IN' mark and notice on receipt of a competent demand.
- Do not assume an extension is possible if the period is missed.
Link to the Act
The PCT framework behind these rules is defined in section 2 of the Act. See our article on section 2 (Convention, PCT, priority date and interpretation) and the Act-side provisions on convention applications.
Need help with the demand stage?
A demand is a time-bound step with no stated cure if it is late. If you would like us to check your Treaty deadlines and prepare the demand, you can speak to us about patent examination request support.
Key takeaways
- The Delhi branch is the Indian International Preliminary Examining Authority.
- It examines applications that elect India and, per the clauses, certain demands of other countries' nationals or residents.
- The demand period comes from the Treaty and regulations; a late demand is considered not made.
- Fees are per the Fifth Schedule, not in the sources consulted.
- A competent demand receives the mark IPEA/IN; an incompetent one goes to the International Bureau.
- Check amendments after the Second Amendment Rules, 2024.
Read next
- Rules 19A to 19E: Indian International Searching Authority and search report
- Rules 19K to 19N: International Preliminary Examination Report and refund
- PCT route for filing international patent applications
- Patent Cooperation Treaty: national phase entry in India
Disclaimer: Based on the Patents Rules, 2003 as consolidated up to 21 September 2021 and as amended by the Patents (Amendment) Rules, 2024 and the Patents (Second Amendment) Rules, 2024, as consulted on 2 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.