Deadlines
The Indian patent deadlines that actually decide outcomes
More Indian applications are lost to a missed date than to a strong piece of prior art. These are the periods worth putting in a diary on the day you file — each one linked to the section and the rule it comes from.
Read this before you use the table. Several of these periods were changed by the Patents (Amendment) Rules, 2024, and transitional positions apply to applications filed earlier. Treat the table as an orientation, not as a diary. Confirm every date that matters against the Rules in force and, if anything turns on it, have a patent professional check it.
| Deadline | When | Where it comes from | What happens if it is missed |
|---|---|---|---|
| Complete specification after a provisional | 12 months from the provisional filing date | Section 9 | The application is deemed abandoned if the complete specification is not filed in time. |
| Convention / PCT priority claim | 12 months from the earliest priority | Section 135 | After 12 months the earlier date can no longer be claimed. |
| Publication | Ordinarily 18 months from the priority date | Section 11A Rule 24 | Early publication can be requested on Form 9. |
| Request for examination | The period fixed by Rule 24B — 31 months from priority for applications governed by the 2024 amendment | Section 11B Rule 24B | If no request is filed, the application is treated as withdrawn. Confirm which period applies to your filing date. |
| National phase entry in India | 31 months from the earliest priority | Section 135 Rule 20 | Missing this is generally fatal to the Indian route. |
| Putting the application in order after the FER | The period fixed by Rule 24B, extendable within limits | Section 21 Rule 24B | The application is deemed abandoned if the period expires without compliance. |
| Pre-grant representation | Any time after publication and before grant | Section 25 Rule 55 | No standing requirement; filed on Form 7A. |
| Post-grant opposition | Within 12 months of publication of the grant | Section 25 Rule 55A | Only a person interested may file, on Form 7. |
| Renewal fees | Before expiry of the relevant year, with a six-month extension available on the prescribed additional fee | Section 53 Rule 80 | The patent ceases if the extended period passes unpaid. |
| Restoration of a lapsed patent | Within 18 months of the date the patent ceased | Section 60 Rule 84 | Filed on Form 15; the failure must have been unintentional. |
| Working statement (Form 27) | At the interval fixed by Rule 131 — since 2024, once every three financial years | Section 146 Rule 131 | Statements are public and are used in compulsory licence proceedings. |
| Compulsory licence application | After 3 years from the date of grant | Section 84 Rule 96 | Filed on Form 17 by any person interested. |
| Foreign filing without permission | Only after the prescribed period from the Indian filing, or with written permission | Section 39 Rule 71 | Breach is a ground of revocation and carries penal consequences. |
| Extension of time | Up to the limit fixed by Rule 138, on Form 4 | Section 53 Rule 138 | The power does not reach every period. Check the carve-outs in the current rule. |