Foreign applicants who've already filed a PCT (Patent Cooperation Treaty) application internationally still need a separate step to actually pursue protection in India — national phase entry. It's a procedural filing, not a re-examination of your invention from scratch, but it comes with a hard deadline and a specific document checklist.
The deadline: 31 months from priority date
India allows national phase entry up to 31 months from the earliest priority date of your PCT application — one month longer than the PCT's default 30-month window, though this extra month shouldn't be relied on as a buffer to plan around. Missing the deadline generally forfeits the ability to pursue the application in India through the PCT route; there is no routine extension.
What national phase entry requires
- Form 1 — application for grant of patent, identifying it as a national phase application.
- Specification — a verified English translation of the international application, if it wasn't filed in English.
- Priority documents — copies of the priority application(s), unless already made available through WIPO's DAS (Digital Access Service).
- Form 3 — statement and undertaking regarding corresponding foreign applications.
- Form 26 — power of attorney, if filing through an Indian patent agent (required for foreign applicants without a place of business in India).
- Amendments made under PCT Article 19 or 34, if any, translated where necessary.
What happens after entry
Once national phase entry is complete, the application proceeds through the same examination process as a directly-filed Indian application: you still need to file Form 18 requesting examination (within 48 months of the priority date, which by this stage may already be close), and respond to the First Examination Report when it issues.
Common mistakes foreign applicants make
- Treating 31 months as fixed regardless of holidays or processing delays — filings should be lodged with buffer time, not on the deadline itself.
- Assuming examination request is automatic — Form 18 is a separate, later filing that's easy to lose track of after the national phase deadline has passed.
- Skipping the power of attorney — without a validly executed Form 26, an Indian patent agent generally cannot act on your behalf before the Patent Office.
- Assuming claims can't be amended — claims can be amended at national phase entry (within the scope of the original disclosure), which is often the right moment to tighten claim language for the Indian examiner.
National phase entry feels administrative until the deadline is missed — at which point it becomes the reason an otherwise strong international filing never gets protection in one of the world's largest markets.
Working with a local agent
Because foreign applicants without a business address in India must act through an Indian patent agent, this is usually the point where an ongoing relationship with local counsel starts — one that continues through examination, any hearings, and eventual enforcement if it's ever needed.