Filing A National Phase Patent Application In India? Mind The Deadline

The Indian patent regime requires strict compliance with several deadlines where failure to take timely action could result in adverse consequences to patent applicants.

Rule 20(4) of the Patents Rules, 2003 mandates the filing of national phase applications under the Patent Co-operation Treaty (PCT) in India within 31 months from the priority date. According to rule 22, an international application designating India shall be deemed to be withdrawn if the applicant does not comply with rule 20. With the amendment of rule 138, which vests on the controller's discretionary power to extend the time prescribed under the patents rules, the 31-month timeline has oscillated between being extensible and inextensible.