Rule 20 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.
Rule 20 governs the Indian national phase of a PCT application. It lets an applicant make an application corresponding to an international application in Form 1, sets the time limit of thirty-one months from the priority date, requires payment of the national fee and, where needed, an English translation, allows early processing on an express request in Form 18, and deals with amended claims and annexures.
An application corresponding to an international application may be made in Form 1 under section 7(1A) (rule 20(1)). The time limit is thirty-one months from the priority date (rule 20(4)(i)). Before that limit the applicant must pay the national fee and other fees and, if the international application was not filed or published in English, file a verified English translation (rule 20(3)). The Patent Office may process earlier only on an express request in Form 18 with the fee (rule 20(4)(ii)). Non-compliance means the application is deemed withdrawn (rule 22).
Sub-rule (1): Form 1 and the meaning of "corresponding application"
An application corresponding to an international application filed under the Patent Cooperation Treaty may be made in Form 1 under sub-section (1A) of section 7. See our article on section 7 of the Patents Act, 1970 for the Act side.
The Explanation defines "an application corresponding to an international application" as the international application as filed under the PCT, including any amendments made by the applicant under Article 19 and communicated to the Designated Office under Article 20, or any amendment made under sub-clause (b) of clause (2) of Article 34 of the Treaty. The printed Explanation opens a quotation that is never closed; the text is read as printed.
A proviso lets the applicant, while filing the corresponding application designating India, delete a claim in accordance with rule 14. The mechanics of that deletion follow the amendment rule covered in rules 14 to 16.
Form 1 was substituted in 2024, and the list of Forms ties it to sections 7, 54 and 135 and rule 20(1). Rule 20 covers only the national phase; an ordinary Form 1 filing has no rule 20 step. If you are planning a national phase entry, our patent drafting and filing service can prepare Form 1 and the translation.
Sub-rule (2): no processing before the limit
The Patent Office shall not commence processing of an application filed corresponding to an international application designating India before the expiration of the time limit prescribed under sub-rule (4)(i). This is the rule behind the usual waiting period; the sole way to start earlier is the express request in sub-rule (4)(ii).
Sub-rule (3): national fee and translation
An applicant in respect of an international application designating India shall, before the time limit in sub-rule (4)(i):
- (a) pay the prescribed national fee and other fees to the Patent Office in the manner prescribed under the Rules and the regulations made under the Treaty; and
- (b) where the international application was either not filed or has not been published in English, file with the Patent Office a translation of the application in English, duly verified by the applicant or the person duly authorised by him that the contents are correct and complete.
The First Schedule as substituted in 2024 has a head for an application under sections 7, 54 or 135 and rule 20(1) accompanied by a specification (entry 1), priced by sheets and claims and by applicant category; read the table itself for the amounts. Our article on rule 7 explains the columns.
Sub-rule (4): the thirty-one months and early processing
- (i) The time limit referred to in sub-rule (2) shall be thirty-one months from the priority date as referred to in Article 2(xi).
- (ii) Notwithstanding clause (i), the Patent Office may, on the express request filed in Form 18 along with the fee specified in the First Schedule, process or examine the application at any time before thirty-one months.
Form 18 is the Form for a request for examination under section 11B (see our article on rule 24B); in the list of Forms, it is tied to rules 20(4)(ii) and 24B(1)(i). The Second Schedule thus uses Form 18 for both.
Rule 137(2), inserted in 2024, lists clause (i) of sub-rule (4) and sub-rule (6) of rule 20 among the matters to which the general power in rule 137(1) does not apply.
Sub-rule (5): what the translation must include
The translation of the international application shall include a translation in English of:
- the description;
- the claims as filed;
- any text matter of the drawings;
- the abstract;
- if the applicant has not elected India and the claims have been amended under Article 19, the amended claims together with any statement filed under that Article; and
- if the applicant has elected India, any amendments to the description, claims and text matter of the drawings annexed to the international preliminary examination report.
Sub-rule (6): translations of amended claims and annexures
If the applicant fails to file a translation of the amended claims and annexures referred to in sub-rule (5), even after invitation from the appropriate office within a time limit fixed by that office having regard to the time left, the amended claims and annexures shall be disregarded in further processing.
Sub-rule (7): Forms
The applicant shall, when complying with sub-rule (3), preferably use the Forms in the Second Schedule before the appropriate office as designated office. The word "preferably" makes the Forms the recommended route.
| Step | Source | Period or rule |
|---|---|---|
| Make the application | Form 1 | Rule 20(1) |
| Fee and translation | National fee, other fees, verified English translation | Before thirty-one months from priority date (rule 20(3), (4)(i)) |
| Early processing | Express request in Form 18 with fee | Any time before thirty-one months (rule 20(4)(ii)) |
| Amended claims and annexures | Translation within time fixed by the office | Else disregarded (rule 20(6)) |
| Failure to comply | Deemed withdrawn | Rule 22 |
A worked example
Helio Photonics claims priority on 1 March 2025 for an invention and files an international application. It designates India. The thirty-one months run from the priority date, so thirty-one months from 1 March 2025 ends at about 1 October 2027, and the national phase steps must be completed before that. Before then, it pays the national fee and other fees, and files a verified English translation if the international application was not filed or published in English. It also files Form 1 as the application corresponding to the international application.
If Helio wishes examination to begin sooner, it files an express request in Form 18 with the First Schedule fee (rule 20(4)(ii)). If it amended its claims under Article 19 but does not file a translation of them when invited, those amended claims are disregarded (rule 20(6)). If it does not comply with rule 20 at all, the international application designating India is deemed withdrawn under rule 22.
The 2024 point about thirty-one months
The same thirty-one-month figure now appears in rule 24B(1) for ordinary applications, substituted in 2024 for forty-eight months; see our article on rule 24B. Rule 20(4) itself was not changed in 2024.
Related reading on the PCT route
See our guides on PCT national phase entry in India, the PCT route for international applications and convention applications. For the Act, see section 135 (convention applications). The priority document and the effect of non-compliance are in our article on rules 21 to 23.
Need help with the national phase?
Missing the thirty-one-month limit has a stated result under rule 22. If you would like national phase filings planned from the priority date and prepared with translations and Forms, you can speak to us about patent drafting and filing.
Key takeaways
- A national phase application is made in Form 1 under section 7(1A).
- The time limit is thirty-one months from the priority date.
- Pay the national fee and other fees and file a verified English translation, where required, before that limit.
- The Patent Office does not process earlier unless an express request in Form 18 is filed with the fee.
- Amended claims and annexures without a timely translation are disregarded.
- Non-compliance with rule 20 means the application is deemed withdrawn (rule 22).
- Check amendments after the Second Amendment Rules, 2024.
Read next
- Rules 21 to 23: priority document, non-compliance and treaty to prevail
- Rules 19K to 19N: International Preliminary Examination Report and refund
- Patent Cooperation Treaty: national phase entry in India
- Rule 24B: request for examination and first statement of objections
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.