Calculate your exact 31-month India entry deadline and official Indian Patent Office fees instantly. Free tool — updated for 2026 IPO fee schedule and 2024 rule changes.
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2024 Rule Change: For PCT applications with a priority date on or after 15 March 2024, the Request for Examination (Form 18) deadline is now 31 months — the same as national phase entry. Both must be filed simultaneously.
What This PCT National Phase Calculator Includes
This calculator estimates the official government fees payable to the Indian Patent Office (IPO) when entering the national phase in India under the Patent Cooperation Treaty. It covers every fee item that is required or optionally payable at the time of national phase entry under the current IPO First Schedule (as amended by the Patents (Amendment) Rules, 2024).
Included in this calculator:
- ✓Form 1 — national phase entry filing fee
- ✓Excess page fees (per page beyond 30)
- ✓Excess claim fees (per claim beyond 10)
- ✓Form 18 — Request for Examination fee
- ✓Form 18A — Expedited examination fee
- ✓31-month deadline from priority date
Not included:
- ✗Professional / attorney fees (available on request)
- ✗Patent renewal / annuity fees (post-grant)
- ✗Translation fees (not applicable — English accepted)
- ✗FER response and hearing fees
- ✗Section 8 compliance fees
- ✗Other countries' national phase fees
Official PCT National Phase Fee Structure — India (2026)
The following fees are prescribed by the Indian Patent Office under the First Schedule to the Patents Rules 2003, as amended by the Patents (Amendment) Rules 2024. All amounts are for e-filing. Physical filing attracts a 10% surcharge across all fee categories.
| Fee item / Form | Individual / Startup / SME | Large Entity |
|---|---|---|
| Form 1 — National phase entry (up to 30 pages, 10 claims) | ₹1,600 | ₹8,000 |
| Excess pages — per page beyond 30 | ₹160 | ₹800 |
| Excess claims — per claim beyond 10 | ₹320 | ₹1,600 |
| Form 9 — Early publication request (optional) | ₹2,500 | ₹12,500 |
| Form 18 — Request for Examination (normal) | ₹4,000 | ₹20,000 |
| Form 18A — Expedited examination (optional) | ₹8,000 | ₹60,000 |
| Physical filing surcharge | +10% on all fees | +10% on all fees |
| Minimum required fees (e-filing, 30 pages, 10 claims, with RFE) | ₹5,600 | ₹28,000 |
Source: Indian Patent Office First Schedule to the Patents Rules 2003 (as amended 2024). These are official government fees only. Professional fees are separate. Fees are subject to revision — verify current rates at the time of filing.
PCT National Phase Entry in India — How It Works
When an international patent application is filed under the Patent Cooperation Treaty (PCT), it enters an international phase that provides protection across all PCT member states through a single filing. After the international phase, applicants must individually enter the national phase in each country where they wish to obtain patent protection. India is one of the most strategically important national phase destinations for international applicants, particularly those targeting South Asia's rapidly growing technology and pharmaceutical markets.
The 31-Month Deadline
The deadline to enter the national phase in India is 31 months from the earliest priority date — not from the PCT filing date. This deadline is set by Indian patent law and confirmed in the WIPO PCT Applicant's Guide for India. Unlike some other jurisdictions, India does not permit the reinstatement of patent rights under PCT Rule 49.6 if this deadline is missed. The Delhi High Court confirmed in Diebold Self-Service Systems v Union of India (2022) that the 31-month deadline is a hard stop with no mechanism for reinstatement.
The 2024 Rule Change — Request for Examination
Under the Patents (Amendment) Rules 2024, which came into effect on 15 March 2024, the deadline to file a Request for Examination (Form 18) for PCT national phase applications was changed from 48 months to 31 months from the priority date — the same as national phase entry. For all PCT applications with a priority date on or after 15 March 2024, Form 18 must be filed simultaneously with the national phase entry documents. This is a significant change from previous practice, where applicants had up to 18 additional months after national phase entry to file the examination request.
Documents Required at Entry
To enter the national phase in India, the following must be filed with the Indian Patent Office: Form 1 (application for grant of patent), Form 2 (complete specification — the PCT application in English), Form 3 (statement regarding corresponding foreign applications under Section 8), Form 5 (declaration of inventorship), Power of Attorney (scanned copy within 3 months, original within 15 days), and Form 18 or 18A (Request for Examination — mandatory for post-March 2024 priority dates). Since India accepts English as an official language for patent applications, no translation is required for PCT applications filed or published in English.
Learn More — Intepat's PCT Knowledge Centre
Our attorneys have published in-depth guides covering every aspect of PCT national phase entry in India and internationally. These articles are written for inventors, in-house counsel, and patent practitioners.
PCT · Filing GuidePCT National Phase Entry in India: 31-Month Deadline, RFE Rule & Filing Guide (2025 Update)Read article PCT · Risk Management10 PCT Mistakes That Cost Patent Rights in IndiaRead article PCT · International PhaseHow to File a PCT International Application from India (2026 Guide)Read article PCT · StrategyDirect Filing vs PCT: Choosing the Right International Patent StrategyRead article PCT · FundamentalsPCT International Phase vs National Phase: Key Differences, Timeline, and StrategyRead article PCT · ISA StrategyChoosing India as Your PCT ISA: What It Unlocks in ProsecutionRead article PCT · DeadlinesLate PCT National Phase Entry: Is It Still Possible After 30 or 31 Months?Read article PCT · RestorationMissed 12-Month PCT Deadline? Restoration of Priority ExplainedRead article PCT · ProsecutionPCT Amendment Under Article 19 vs Article 34: Deadlines, Scope and StrategyRead article PCT · Official FeesPCT National Phase Entry Fees in India: Complete Official Fee Guide (2026)Read article
Frequently Asked Questions
What is the deadline to enter the national phase in India under PCT?
The deadline is 31 months from the earliest priority date claimed in the PCT application. This is calculated from the filing date of the first patent application on which priority is claimed — not from the PCT filing date. India does not permit late entry or reinstatement of rights under PCT Rule 49.6. A missed 31-month deadline results in permanent loss of patent rights in India via the PCT route, as confirmed by the Delhi High Court. For more detail, see our complete PCT national phase India guide.
Has the Request for Examination deadline changed for PCT national phase applications?
Yes — this is the most significant recent change. Under the Patents (Amendment) Rules 2024, for PCT applications with a priority date on or after 15 March 2024, the deadline to file a Request for Examination (Form 18) is now 31 months from the priority date — the same as national phase entry. Previously, the deadline was 48 months, giving applicants up to 18 months after entry to file Form 18. For post-March 2024 applications, Form 18 or Form 18A must now be filed simultaneously with the national phase entry documents at the IPO.
Do startups and SMEs pay lower fees for PCT national phase entry in India?
Yes. The Indian Patent Office provides an 80% fee reduction for natural persons, startups, small entities (MSMEs), and educational institutions. For e-filing, the base national phase entry fee is ₹1,600 for these applicants compared to ₹8,000 for large entities. The same reduction applies to examination fees, excess page fees, excess claim fees, and early publication fees. To claim this reduction, eligible applicants must file Form 28 along with supporting documents establishing their eligibility — for example, DPIIT recognition for startups or MSME registration for small entities. A sole natural person applicant does not need Form 28. If Form 28 is not filed, the IPO treats the application as a large entity filing and the higher fee applies.
Is translation required for PCT national phase entry in India?
India accepts English as an official language for patent applications. If your PCT application was filed or published in English, no translation is required at the time of national phase entry. If the application was filed in a language other than English, a verified English translation must be submitted within the 31-month deadline. The Controller may also request a verified translation of the priority document if it was not filed in English.
What happens if the 31-month PCT national phase deadline is missed in India?
India does not permit reinstatement of rights under PCT Rule 49.6, and courts have confirmed this. If the 31-month deadline is missed, patent rights in India through the PCT route are permanently lost. The missed application, once published, becomes prior art. There is no mechanism for restoration, condonation, or late entry. If you are approaching the deadline, contact Intepat immediately — document preparation and filing typically takes 2–3 weeks. For more detail, see our article on late PCT national phase entry.
What is expedited examination, and is it worth requesting at national phase entry?
Expedited examination (Form 18A under Rule 24C) allows eligible applicants to request priority examination, placing the application in a faster queue. The First Examination Report (FER) typically issues within 1–3 months on the expedited route, compared to 12–24 months on the standard route. Eligibility includes DPIIT-recognised startups, MSMEs, government bodies, female applicants, and applicants who designated India as ISA or IPEA in their PCT application. The fee is ₹8,000 for eligible applicants (₹60,000 for large entities). In current IPO conditions, the practical time saving is significant — expedited examination is generally recommended for applicants who need faster prosecution.
Are professional or attorney fees included in this calculator?
No. This calculator reflects only official government fees payable to the Indian Patent Office. Professional fees for document preparation, Power of Attorney, filing, and prosecution are separate and vary based on the complexity of the application. Contact Intepat for a complete quote including professional fees — quotes are typically provided within 24 hours.
Does this calculator cover other countries' PCT national phase fees?
This calculator is focused exclusively on India (IPO). National phase fee structures vary significantly across jurisdictions — they differ in currency, fee category structure, claim surcharges, translation requirements, and entity type discounts. We are building multi-country support in a future version. For other jurisdictions, contact Intepat for a tailored quote.
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Disclaimer
Official fees sourced from the Indian Patent Office First Schedule to the Patents Rules 2003, as amended by the Patents (Amendment) Rules 2024. Fees shown are for e-filing in INR. Physical filing attracts a 10% surcharge. This tool provides fee estimates only and does not constitute legal advice. Fee schedules are subject to revision — always confirm current rates with a qualified patent attorney before filing. Intepat IP is a registered patent and trademark attorney firm.