Indian Patent Deadline Master Calendar: Every Clock, Section, Rule and Form
Every clock in an Indian patent file in one place: the 12-month priority year, the 31-month request for examination, FER replies, opposition windows, annuities and Form 27, each with its Section, Rule and Form.
Explainer · Patent Deadlines · Last verified October 2026
An Indian patent file runs on many clocks at once, and most of them cannot be revived if you miss them. The 31-month request for examination, the 6 plus 3 month window to answer a First Examination Report (FER), the Form 27 working statement and the yearly annuity all sit in different sections, rules and forms. This page puts every clock in one table so you can see what is due, under which provision, and on which form. Last verified October 2026.
- Request for examination: 31 months from priority or filing date, on Form 18 (Section 11B, Rule 24B), for filings under the 2024 rules.
- FER reply: 6 months plus 3 months extension (Section 21).
- Form 27: once per three financial years (Section 146(2), Rule 131).
- Annuities: yearly from year 3 (Section 53, Rule 80, Form 4).
- PCT national phase: 31 months, fixed (Rule 20(4)). Last verified October 2026.
01Why patent deadlines go wrong
Patent deadlines in India go wrong because they are scattered and because they start from different dates. There is no single list in the Patents Act, 1970 or the Patents Rules, 2003. You have to read the Act, the Rules and the forms together.
Different clocks start from different dates
Some clocks run from the filing date. Some run from the priority date. Some run from the date of the FER, and some from the date a grant is published. Mixing these up is the most common cause of a lost right.
The rules changed in 2024
The Patents (Amendment) Rules, 2024 came into force on 15 March 2024. They shortened some periods and changed how often Form 27 is filed. Many older checklists, blogs and templates still show the old figures. Older applications can still run on the old periods, so the filing date matters.
Many dates cannot be extended
A few dates, such as the 31-month PCT national phase window, are fixed. Others can be extended on Form 4 for a short time and a fee. You need to know which is which before the date, not after.
In Indian patents the hard part is not the law. It is knowing which clock is running, from which date, and whether it can still be extended.
02How the clocks start
Every date in the table below is counted from one of four starting points. Check which one applies before you count.
- Priority date: the date of the first filing anywhere, if you claim priority. The 12-month Convention year, the 18-month publication and the 31-month request for examination count from the earlier of priority date or filing date.
- Filing date: the date of your Indian application. The Section 8 declaration and the 12-month provisional to complete window count from here.
- FER date: the date the Controller issues the First Examination Report. The reply window counts from here.
- Grant or publication-of-grant date: the post-grant opposition window, the annuity cycle and the Form 27 block count from here.
For how the same idea works across trademarks, copyright and designs, see our Indian IP statutory deadline master table.
03The master calendar table
This is the full calendar for an ordinary Indian patent application, from priority to renewal. Each row gives the clock, the period, and the Section, Rule and Form behind it. Last verified October 2026 against the Patents Act, 1970 and the Patents Rules, 2003 (updated to the 2024 amendment).
| # | Clock | Period or deadline | Section | Rule | Form |
|---|---|---|---|---|---|
| 1 | Convention (priority) filing | 12 months from first filing abroad | Section 135 | Rule 121 | Form 1 |
| 2 | Complete specification after provisional | 12 months from provisional filing (short extension possible) | Section 9 | Rule 13 | Form 2 |
| 3 | Permission before filing abroad (Indian residents) | Obtain before filing outside India | Section 39 | Rule 71 | Form 25 |
| 4 | PCT national phase entry | 31 months from priority date, fixed | Section 138 | Rule 20(4) | Form 1 |
| 5 | Foreign filing information (Section 8) | Within 6 months of filing, then keep updated | Section 8 | Rule 12 | Form 3 |
| 6 | Publication of application | 18 months from priority or filing date | Section 11A | Rule 24 | None (Patent Office act) |
| 7 | Early publication | On request, published soon after | Section 11A(2) | Rule 24A | Form 9 |
| 8 | Request for examination (RFE) | 31 months from priority or filing date, whichever is earlier (48 months for older filings) | Section 11B | Rule 24B | Form 18 |
| 9 | Expedited examination | On request, for eligible applicants such as startups | Section 11B | Rule 24C | Form 18A |
| 10 | Reply to First Examination Report (FER) | 6 months from FER, plus 3 months extension (9 months in all) | Section 21 | Rule 24B | Form 4 for extension |
| 11 | Pre-grant opposition | After publication and before grant | Section 25(1) | Rule 55 | Form 7A |
| 12 | Divisional application | Before grant of the parent | Section 16 | Rule 13 | Form 1 |
| 13 | Post-grant opposition | Within 12 months of publication of grant | Section 25(2) | Rule 55A | Form 7 |
| 14 | Patent term | 20 years from date of filing | Section 53 | Rule 80 | None |
| 15 | Annuity (renewal fee) | Yearly, from year 3, due before the end of the second year and each year after | Section 53 | Rule 80 | Form 4 |
| 16 | Late annuity | Up to 6 months after due date, with extra fee | Section 53 | Rule 80(1A) | Form 4 |
| 17 | Restoration of a lapsed patent | Within 18 months of lapse | Section 60 | Rule 85 | Form 16 |
| 18 | Statement of working | Once per block of three financial years, window closes 30 September after the block | Section 146(2) | Rule 131 | Form 27 |
| 19 | Late Form 27 | Extension of up to 3 months on request | Section 146(2) | Rule 131 and Rule 138 | Form 4 |
| 20 | Appeal to High Court against Controller order | 3 months from the order (the IPAB no longer hears these) | Section 117A | Not applicable | Appeal under High Court rules |
Always confirm fees and the exact text on the official site, ipindia.gov.in, before you file.
04The 2024 changes that trip people up
Three changes from the Patents (Amendment) Rules, 2024 matter most, and each one changes a row in the table above.
Request for examination: 48 months became 31
Rule 24B now asks for Form 18 within 31 months of the earlier of the priority date or filing date. Reports say the shorter period applies to applications filed on or after 15 March 2024, while older filings keep 48 months. Check the filing date of each file before you count.
FER reply: a 6 plus 3 month window
You now get 6 months from the FER date to put the application in order, and you may ask for 3 more months. The extension can be sought even after the first 6 months have passed, up to 9 months from the FER.
Form 27: one filing for three financial years
Form 27, the statement of working under Section 146(2), used to be yearly. It is now filed once for each block of three consecutive financial years, starting with the financial year after the grant year. Licence details are given in the same form.
05If you miss a date
What you can do after a missed date depends on which date it was. Treat this as a general guide and read the exact rule for your case.
- Fixed dates: the 31-month PCT national phase entry is fixed in Rule 20(4) and is not covered by the general extension power.
- Extendable dates: Rule 138 lets the Controller extend certain periods on Form 4 and a fee, usually for a short time. The reply to an FER and Form 27 have their own extension routes, as shown in rows 10 and 19.
- Annuities: a short grace period is allowed under Rule 80(1A) with an extra fee. After that, the patent lapses and restoration under Section 60 is the only route.
Not legal advice
This page explains the structure of the deadlines. For a live file, confirm the period with the Act, the Rules and the Patent Office, or with your patent agent.
06How to keep track
A deadline you cannot see is a deadline you will miss, so pick a method that fits the size of your portfolio.
For a few files, a shared calendar with the starting date, the Section and the Form in each entry is enough. For dozens of files, use docketing software that records the starting date once and computes the rest. For a global portfolio, a specialist multi-country docketing system is the safer choice. If you are comparing such vendors, see our Dennemeyer alternatives in India guide.
Whichever method you use, write down the priority date, the filing date and the FER date for every file. Almost every deadline in the table is counted from one of them.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A calendar covers the filing side clocks you can compute in advance. A pre grant opposition, a post grant opposition, or an infringement suit is different, because it then plays out in court on its own timeline. Claw tracks patent cases, orders and hearings across 9,102 courts, benches and forums, searches 30 crore+ judgments with results in under 5 seconds, and reaches the Supreme Court from 1950 and the High Courts from 1990. So you can follow a contested patent by party or advocate name and see how a bench has read a similar point.
Claw does not use customer documents to train AI models. Create a FREE Claw account to track patent matters in court and research patent judgments by party or advocate name. To search the wider body of law, see case search across Indian courts.
08Sources and further reading
Primary sources used for this calendar. Check these before you rely on any date.
- Office of the Controller General of Patents, Designs and Trade Marks (IP India): ipindia.gov.in
- The Patents Rules, 2003 (text): indiankanoon.org
- WIPO, PCT national phase information: wipo.int
- Claw: clawlaw.in
For trademark status terms that often sit next to patent files in a portfolio, see the trademark status codes glossary. Last verified October 2026.
09Frequently asked questions
What are the main patent deadlines in India?
The main clocks are the 12-month priority year, the 31-month PCT national phase, the 31-month request for examination, the 6 plus 3 month FER reply, the 12-month post-grant opposition window, yearly annuities from year 3 and the Form 27 statement. The table on this page lists each with its Section, Rule and Form. Last verified October 2026.
What is the deadline for request for examination in India?
It is 31 months from the earlier of the priority date or filing date, on Form 18, under Section 11B and Rule 24B. This applies to filings under the 2024 amendment. Older filings can still run on 48 months, so check the filing date.
How long do I have to reply to an FER?
You have 6 months from the FER date, and you can ask for 3 more months, so 9 months in all. The extension request can be made after the first 6 months have passed. The provision is Section 21, read with Rule 24B.
How often is Form 27 filed now?
Form 27 is filed once for each block of three consecutive financial years since the 2024 amendment. It was yearly before. It is filed under Section 146(2) and Rule 131, and a short delay can be extended on Form 4.
When do patent annuities start in India?
Annuities start from year 3 and are payable on Form 4 under Section 53 and Rule 80, before the end of the second year and each year after. A grace period of up to 6 months is allowed with an extra fee under Rule 80(1A).
Does Claw track patent deadlines?
Yes, within its IPR Solutions tab, Claw tracks patent annuity and response deadlines and pending patent hearings at IP India. It is not a global multi-country docketing system, and for that job specialists such as Anaqua, Clarivate or Dennemeyer go deeper.