India Patent Deadline Calculator and Forms Reference
Indian prosecution is deadline-dense, and the 2024 amendments moved several deadlines. Turn a few dates into a docket you can check against your own system.
Key developmentsUpdated Oct 2026 · 5 items
- DPIIT working paper proposes a hybrid licensing model for AI training
A mandatory blanket licence for training on copyrighted works, with government-set royalties due once the AI is commercialised. Comments closed about 7 January 2026.
Source: Fox Mandal ↗ - Revised CRI Guidelines 2025 issued by the Patent Office
Structured multi-step tests for algorithms, business methods and computer programs per se, plus sufficiency expectations for AI inventions.
Source: Fox Mandal ↗ - US Copyright Office releases its report on generative AI training
Part 3 of its AI series questions whether fair use covers all training on copyrighted works.
Source: US Copyright Office ↗ - Draft CRI Guidelines 2025 released for comment
New definitions of "algorithm" and "per se", and a non-exhaustive list of technical effects for s.3(k) analysis.
Source: Bar & Bench ↗ - Patents (Amendment) Rules, 2024 notified
Request for examination cut to 31 months, Form 3 tied to the first FER, and Form 27 moved to once every three financial years.
Source: AGIP ↗
Example matter loaded. Leave FER and grant blank until they issue.
| Action | Due | Status |
|---|---|---|
| Publication (absent early-publication request)s.11A, Rule 24 — 18 months from priority | 20 Aug 2025 | Passed |
| Enter national phase in IndiaRule 20(4)(i) — 31 months from priority | 20 Sep 2026 | Passed |
| Request for examination (Form 18)Rule 24B, 2024 amendment — 31 months from priority or filing, whichever is earlier | 20 Sep 2026 | Passed |
| Renewal fee for year 3 (accrues; payable after grant)Rule 80 — before expiry of the preceding year; 6-month grace with surcharge under 80(1A) | 19 Feb 2027 | Upcoming |
| File proof of right (Form 1 / assignment)Rule 10 — 6 months from national phase entry | 15 Mar 2027 | Upcoming |
| Patent term endss.53 — 20 years from international filing date | 19 Feb 2045 | Upcoming |
| File Form 3 (corresponding foreign applications)s.8, Rule 12 — 3 months from first FER (2024 amendment) | — | Awaiting event |
| Put application in order for grant (FER response)Rule 24C(5) — 6 months from FER; extendable 3 months on Form 4 under 24C(6) | — | Awaiting event |
| Renewal fees, opposition and Form 27Calculated once a grant date is entered | — | Awaiting event |
Based on the Patents Act, 1970 and Patents Rules, 2003 as amended in 2024. Rule 138 extensions (Form 4) are not applied. Use it as a cross-check, not as a docket of record. Verify each date against the current Rules and the IPO record.
Desk reference · Indian patent forms
| Form | What it is | Nearest US analogue |
|---|---|---|
| Form 1 | Application for grant; also carries the applicant's proof of right | ADS + assignment |
| Form 2 | Provisional or complete specification | Specification and claims |
| Form 3 | Statement and undertaking on corresponding foreign applications (s.8) | No direct analogue; closest is an IDS on family status |
| Form 4 | Request for extension of time | Petition for extension of time |
| Form 5 | Declaration as to inventorship | Inventor's oath or declaration |
| Form 9 | Request for early publication | Request for early publication |
| Form 18 / 18A | Request for examination / expedited examination | No request needed in the US; 18A is closest to Track One |
| Form 26 | Power of authority for the patent agent | Power of attorney |
| Form 27 | Statement of working of the patent in India | None |
| Form 28 | Small entity, startup or educational institution status | Small / micro entity certification |
Tools
FFL Planner
Plan foreign filing licences for inventions made in India and abroad, including the s.39 permission needed before filing outside India.
Open FFL Planner →Form 3 Tracker
Log corresponding foreign applications and generate the s.8 statement after each FER.
Form 27 Generator
Draft working statements per three-financial-year block, with the period computed from grant.
Section 3(k) Claim Review
Check software and AI claims against the CRI Guidelines for technical effect, hardware and claim form.
Questions practitioners ask.
Short answers to the questions US patent attorneys and in-house teams ask most about India, with the rule behind each one. Reviewed October 2026.
What is the deadline for PCT national phase entry in India?
31 months from the earliest priority date, under Rule 20(4)(i) of the Patents Rules, 2003. India does not apply the 30-month default used by most offices. Treat 31 months as a hard deadline: extensions for national phase entry are not routinely granted.
When must a request for examination be filed in India?
Within 31 months from the priority date or the filing date, whichever is earlier, on Form 18 (Rule 24B, as amended in 2024). India does not examine without a request, and an application with no request in time is treated as withdrawn.
What is Form 3 and when is it due?
Form 3 is the statement and undertaking under Section 8 listing corresponding foreign applications. Since the 2024 amendment it must be filed within three months of the first examination report. Many practitioners still file it with the application to avoid a missed deadline.
Do foreign patentees have to file Form 27 in India?
Yes. Every patentee files a statement of working on Form 27, now once for each block of three financial years, within six months after the block ends. The first block starts with the financial year after the year of grant.
Does India have a patent grace period like the US one-year rule?
No general grace period. Sections 29 to 34 excuse only narrow disclosures, such as display at a notified exhibition or a paper read before a learned society, within 12 months. An inventor's own publication otherwise destroys novelty in India, as it does at the EPO.
Do US companies with R&D teams in India need permission before filing in the US?
Usually yes. Under Section 39, a person resident in India cannot first file abroad without written permission from the Controller, unless an Indian application was filed at least six weeks earlier with no secrecy direction. Breach can lead to the Indian application being treated as abandoned and the patent revoked.
More tools.
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Live toolChip IP Protection Planner
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Live toolClimate-Tech Classifier
Suggest CPC Y02 and Y04S climate-tech tags from an abstract for green patent landscapes and portfolio reporting, with India carbon market developments.
Live toolIndia IP Assignment Check
Why work-made-for-hire fails for Indian contractors. Check assignments against Copyright Act s.19 defaults, Patents Act s.68, Section 39 foreign filing and stamp duty.
Live toolConsultation Comment Builder
Track Indian IP, AI and data policy developments with sources, and draft clause-by-clause comments for Indian government consultations.
Live · FlagshipFFL Planner
Sequence foreign filing licences and first filings across jurisdictions, including India s.39 and US 35 U.S.C. 184 permissions.