Build the filing record around the route
An Indian patent filing usually needs an application in Form 1 and a provisional or complete specification in Form 2. A complete specification describes the invention and contains the claims and abstract; drawings are included where needed to explain it. The applicant, inventors, ownership, priority and any PCT or convention history should be checked against the source records before filing.
For an Indian national-phase application, the PCT record and international filing date are central. The Patent Cooperation Treaty does not itself grant a patent; it provides a route to national processing. Rule 20(4) generally sets the Indian national-phase entry period at 31 months from the priority date. Check the national-phase date, any required English translation, amendments, applicant details and address for service against the application itself and the current Rule 20 and official guidance. Do not treat the later examination-request deadline as a substitute for timely national-phase entry.
Common forms and supporting records
| Item | What it addresses | Main timing point |
|---|---|---|
| Form 1 and Form 2 | Application particulars and specification | Filed at the start, subject to the selected route |
| PCT national-phase entry | Indian entry for an international application | Generally within 31 months from the priority date under Rule 20(4); verify the specific record and applicable requirements |
| Form 3 | Statement and undertaking about corresponding foreign applications under Section 8 | Initial statement within six months of the Indian filing; update details within three months of the first statement of objections |
| Proof of right | Assignment or other evidence supporting an applicant who derives the right from an inventor | If not filed with the application, generally within six months after filing |
| Form 26 or power of attorney | Authorisation for a patent agent | Within three months from filing the application or the relevant document |
| Form 5 | Declaration as to inventorship | With the complete specification or within one month after filing it, subject to applicable exceptions |
| Form 18 / Form 18A | Request for examination / expedited examination | Within the applicable examination-request period |
These periods arise under Rule 10, Rule 12, Rule 13 and Rule 135 of the Patents Rules, 2003. If Form 3 is late, Rule 12 permits a request in Form 4 for condonation or extension of up to three months. The Controller may also require a fresh Form 3 within two months. Rule 138 contains a separate general extension mechanism, but it should not be treated as an automatic or guaranteed enlargement of every deadline; specific provisions and the application record matter. Calendar the prescribed date first and obtain advice before it expires.
Proving entitlement and appointing an agent
Where the applicant is not the inventor and applies by assignment, keep the signed assignment or other proof of entitlement ready. Rule 10 allows up to six months after filing if the proof was not submitted with the application; for an Indian national-phase application, that clock runs from the actual Indian filing date. For an agent, Rule 135 requires Form 26 or a power of attorney within three months from filing the application or document. Until the authorisation is on record, the Office may not take further action on the affected filing.
Form 5 records who the applicant says is the true and first inventor. Check that names match the specification and source documents. A declaration does not replace proof of the applicant's title where the applicant claims through an assignment.
Calendar examination separately
For applications filed on or after 15 March 2024, the general request for examination is due in Form 18 within 31 months from the earlier of the priority date or filing date. A transitional clause preserves the earlier period for applications filed before commencement of the 2024 amendment; those cases generally retain the former 48-month period. Rule 138 also provides a general Form 4 extension mechanism of up to six months, subject to the Controller's authority and the circumstances; it is not automatic and should not be used as the ordinary calendar date. Verify the exact application history and current Patent Office position before calculating or relying on any extended period. The separate examination guide explains who can seek expedited examination.
A route-specific checklist
Direct Indian, convention and PCT national-phase filings do not have identical document requirements. Translation, priority evidence, assignment records and applicant particulars may need different treatment. Use the official Indian Patent Rules, current forms and the application record as the source of truth, and maintain a deadline sheet for every matter.
This guide is general information, checked on 10 October 2026. It is not a determination of the requirements or deadlines for a particular application.