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WIPO - PCT Applicant's Guide IN - India
Indian Patent Office

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).
List of abbreviations used in this document:
Office: Indian Patent Office
Controller: Controller of Patents
PA: The Patents Act, 1970 as amended by the Patents (Amendment) Act, 2005
PR: The Patents Rules, 2003 as amended by the Patents (Amendment) Rules, 2016
List of currencies used in this document:
CHF (Swiss franc), EUR (Euro), INR (Indian rupee), JPY (Japanese yen), USD (US dollar)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
PCT Reservations, Declarations, Notifications and Incompatibilities
Article 64(5), Rule 26bis.3(j), Rule 49.6(f), Rule 49ter.1(g), Rule 49ter.2(h)
Refer to the full list.
Office Closed dates
Mumbai Office is closed weekly on Saturday and Sunday
Delhi Office is closed weekly on Saturday and Sunday
Kolkata Office is closed weekly on Saturday and Sunday
Chennai Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
India
Two-letter code:
IN
India - Indian Patent Office
Name of Office:
Indian Patent Office
Location:
Kolkata Office:
Intellectual Property Office Building
CP-2
Sector-V
Salt Lake City
Kolkata 700 091
India
New Delhi Office:
Intellectual Property Office Building
Sector-14
Plot No. 32
Dwarka
New Delhi 110 075
India
Chennai Office:
Intellectual Property Office Building
G.S.T. Road
Guindy
Chennai 600 032
India
Mumbai Office:
Intellectual Property Office Building
S.M. Road
Near Antop Hill Head Post Office
Mumbai 400 037
India
Mailing address:
Same as above
Telephone:
Kolkata:
(91-33) 23 67 19 87
(91-33) 23 67 50 91
New Delhi:
(91-11) 25 30 02 00
PCT Section
(91-11) 25 30 03 35
Chennai:
(91-44) 22 50 20 80
(91-44) 22 50 20 60
Mumbai:
(91-22) 24 15 36 51
(91-22) 24 14 81 61
E-mail:
kolkata-patent@nic.in
delhi-patent@nic.in
PCT Section
patentin-pct@nic.in
chennai-patent@nic.in
mumbai-patent@nic.in
Facsimile:
Kolkata:
(91-33) 23 67 19 88
New Delhi:
(91-11) 28 03 43 01
Chennai:
(91-44) 22 50 20 66
Mumbai:
(91-22) 24 13 03 87
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
No
Does the Office send notifications via e-mail in respect of international applications?
No
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
Yes
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
Depending on the residence or place of business of the applicant (or of the first applicant if there are several applicants), the place from where the invention actually originated or the address for service, within the territorial jurisdiction of the appropriate Office in accordance with the Patents Rules 2003, Rule 4
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
IN (Kolkata, New Delhi, Chennai or Mumbai)
IN (Kolkata, New Delhi, Chennai or Mumbai)
Does national legislation restrict the filing of international applications with foreign Offices?
Patents Act, Section 39
Unless a written permit, requested on Form 25 along with the prescribed fee (refer to http://www.ipindia.nic.in/writereaddata/portal/ipoformupload/1_11_1/fees.pdf) has been granted by the Controller or unless an application for a patent for the same invention has been made in India and at least six weeks have elapsed without any direction having been given by the Controller prohibiting publication or communication of the same
Yes
Filing restrictions apply to:
Applications by residents
Competent designated (or elected) Office(s) for this State:
Refer to corresponding National Phase.
Depending on the residence or place of business of the applicant (or of the first applicant if there are several applicants), the place from where the invention actually originated or the address for service, within the territorial jurisdiction of the appropriate Office in accordance with the Patents Rules 2003, Rule 4
IN (Kolkata, New Delhi, Chennai or Mumbai)
Types of protection available via the PCT:
Patents
Patents of addition
Availability under the national law for an international-type search (PCT Article 15):
None
Provisional protection after international publication:
None
Information of interest if this Contracting State is designated (or elected)
Time when the name and address of the inventor must be given:
Within the time limit applicable under PCT Article 22 or 39(1)
Are there special provisions concerning the deposit of microorganisms and other biological material?
Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
India
Language in which international applications may be filed:
If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3).
English
Hindi
Language accepted for language-dependent free text in the sequence listing:
The Office has not specifically notified the International Bureau of the language that it accepts under PCT Rule 12.1(d).
Same as above
Language in which the request may be filed:
English
Number of copies required by the receiving Office if application filed on paper:
2
Does the receiving Office accept the filing of international applications in electronic form?
Yes, the Office accepts electronic filing via ePCT-Filing
Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”)
Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).
For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 13 November 2014, pages 171 et seq.
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
No
Competent International Searching Authority:
AT
Austria - Austrian Patent Office
AU
Australia - Australian Patent Office
CN
China - China National Intellectual Property Administration (CNIPA)
EP
European Patent Organisation - European Patent Office (EPO)
IN
India - Indian Patent Office
JP
Japan - Japan Patent Office (JPO)
SE
Sweden - Swedish Intellectual Property Office (PRV)
US
United States of America - United States Patent and Trademark Office (USPTO)
Competent International Preliminary Examining Authority:
AT
Austria - Austrian Patent Office
AU
Australia - Australian Patent Office
CN
China - China National Intellectual Property Administration (CNIPA)
2
EP
European Patent Organisation - European Patent Office (EPO)
1
IN
India - Indian Patent Office
JP
Japan - Japan Patent Office (JPO)
2
SE
Sweden - Swedish Intellectual Property Office (PRV)
US
United States of America - United States Patent and Trademark Office (USPTO)
2
Fees payable to the receiving Office:
Transmittal fee:
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
None
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
None
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
3,500 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
17,600 INR
International filing fee:
1,562 USD
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
18 USD
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request in character coded format):
235 USD
Electronic filing (the request, description, claims and abstract in character coded format):
352 USD
Search fee:
Refer to
Annex D(AT)
Annex D(AU)
Annex D(CN)
Annex D(EP)
Annex D(IN)
Annex D(JP)
Annex D(SE)
Annex D(US)
Fee for priority document (PCT Rule 17.1(b)):
The Indian Patent Office is a Participating Office in the WIPO Digital Access Service (DAS) (refer to Annex B). No fee is required by the Office where, as a depositing Office, it has made a certified copy of the priority document available through DAS
— up to 30 pages:
Online transmission - Natural person(s) or startup(s) or small entity(ies)
None
Online transmission - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
None
Paper transmission - Natural person(s) or startup(s) or small entity(ies)
None
Paper transmission - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
None
— from 31st page, per page:
Online transmission - Natural person(s) or startup(s) or small entity(ies)
None
Online transmission - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
None
Paper transmission - Natural person(s) or startup(s) or small entity(ies)
30 INR
Paper transmission - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
150 INR
Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):
None
Is an agent required by the receiving Office?
No, but an address for service in India is required
The list of registered patent agents is available on the website of the Office at:
http://ipindiaservices.gov.in/Agentregister/patent-agent.aspx
Who can act as agent?
Any patent agent registered to practice before the Office
Waiver of power of attorney:
Has the Office waived the requirement that a separate power of attorney be submitted?
Refer to the Office
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Refer to the Office

Annex D - International Searching Authority

International Searching Authority competent for the following Receiving Offices:
IN
India - Indian Patent Office
IR
Iran (Islamic Republic of) - Intellectual Property Center (Islamic Republic of Iran)
JP
Japan - Japan Patent Office (JPO)
Search fee (PCT Rule 16):
The amount in parentheses is applicable in case of filing by a natural person, startup, small entity or an educational institution
102 CHF
(26 CHF)
114 EUR
(29 EUR)
10,000 INR
(2,500 INR)
18,000 JPY
(4,500 JPY)
120 USD
(30 USD)
This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.
Additional search fee (PCT Rule 40.2):
The amount in parentheses is applicable in case of filing by a natural person, startup, small entity or an educational institution
10,000 INR
(2,500 INR)
This fee is payable to the International Searching Authority and only in particular circumstances.
Fee for copies of documents cited in the international search report (PCT Rule 44.3):
per page 10 INR
Fee for copies of documents contained in the file of the international application (PCT Rule 94.1ter):
per page 10 INR
Protest fee (PCT Rule 40.2(e)):
The amount in parentheses is applicable in case of filing by a natural person, startup, small entity or an educational institution
4,000 INR
(1,000 INR)
Late furnishing fee (PCT Rule 13ter.1(c)):
The amount in parentheses is applicable in case of filing by a natural person, startup, small entity or an educational institution
4,000 INR
(1,000 INR)
Conditions for refund and amount of refund of the search fee:
Money paid by mistake, without cause, or in excess, will be refunded
Where the international application is withdrawn or is considered withdrawn, under PCT Article 14(1), (3) or (4), before the start of the international search:
refund of 100%
Where the Authority benefits from an earlier search already made by the Authority on an application whose priority is claimed in the international application, depending upon the extent of the benefit:
refund of 25% to 50%
Languages accepted for international search:
English
Does the Authority accept informal comments on earlier search results where an international application claims priority from an earlier application already searched by this Authority?
No
Types of physical media accepted for the furnishing of nucleotide and/or amino acid sequence listings:
The entire printable copy of the sequence listing and identifying data should be contained within one text file on a single diskette, CD-ROM, CD-R, DVD, DVD-R
Subject matter that will not be searched:
The subject matter specified in items (i) to (vi) of PCT Rule 39.1 with the exception of any subject matter searched under the patent grant procedure in accordance with the provisions of Indian patent law
Waiver of power of attorney:
Has the Office waived the requirement that a separate power of attorney be submitted?
Refer to the Office
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Refer to the Office

Annex E - International Preliminary Examining Authority

International Preliminary Examining Authority competent for the following Receiving Offices:
IN
India - Indian Patent Office
IR
Iran (Islamic Republic of) - Intellectual Property Center (Islamic Republic of Iran)
JP
Japan - Japan Patent Office (JPO)
Preliminary examination fee (PCT Rule 58):
12,000 INR
— when the international search report was prepared by the Indian Patent Office, this fee is reduced to
10,000 INR
— In case of filing by a natural person, startup, small entity or an educational institution
3,000 INR
—when the international search report was prepared by the Indian Patent Office, this fee is reduced to
2,500 INR
This fee is payable to the International Preliminary Examining Authority
Additional preliminary examination fee (PCT Rule 68.3):
12,000 INR
— when the international search report was prepared by the Indian Patent Office, this fee is reduced to
10,000 INR
— In case of filing by a natural person, startup, small entity or an educational institution
3,000 INR
— when the international search report was prepared by the Indian Patent Office, this fee is reduced to
2,500 INR
This fee is payable to the International Preliminary Examining Authority and only in particular circumstances
Handling fee (PCT Rule 57.1):
235 USD
This fee is payable to the International Preliminary Examining Authority. It is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee for copies of documents cited in the international preliminary examination report (PCT Rule 71.2):
per page 10 INR
Fee for copies of documents contained in the file of the international application (PCT Rule 94.2):
per page 10 INR
Protest fee (PCT Rule 68.3(e)):
The amount in parentheses is applicable in case of filing by a natural person, startup, small entity or an educational institution
4,000 INR
(1,000 INR)
Late furnishing fee (PCT Rule 13ter.2):
The amount in parentheses is applicable in case of filing by a natural person, startup, small entity or an educational institution
4,000 INR
(1,000 INR)
Conditions for refund and amount of refund of the preliminary examination fee:
Money paid by mistake, without cause, or in excess, will be refunded
In the cases provided for under PCT Rule 58.3:
refund of 100%
If the international application or the demand is withdrawn before the start of the international preliminary examination:
refund of 100%
A processing fee equivalent to the amount of the transmittal fee (refer to Annex C(IN)) will be deducted from this refund
Does the Office accept the filing of demands (PCT Chapter II) in electronic form?
Yes, the Office accepts electronic filing via ePCT-Filing
For the relevant notification by the Office, refer to Official Notices (PCT Gazette) dated 13 November 2014, pages 171 et seq.
Languages accepted for international preliminary examination:
English
Subject matter that will not be examined:
The subject matter specified in items (i) to (vi) of PCT Rule 67.1 with the exception of any subject matter examined under the patent grant procedure in accordance with the provisions of Indian patent law
Waiver of power of attorney:
Has the Office waived the requirement that a separate power of attorney be submitted?
Refer to the Office
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Refer to the Office

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices
Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
For a list of these institutions refer to:
Notifications related thereto may be consulted under:
Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
Time (if any) earlier than 16 months from priority date by which applicant must furnish:
— the indications prescribed in Rule 13bis.3(a)(i) to (iii):
At the time of filing, either in the description or separately
— any additional indications:
At the time of filing, either in the description or separately
Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:
To the extent available to the applicant, relevant information on the characteristics of the microorganism
Additional information
Deposits may be made for the purposes of patent procedure before the Indian Patent Office with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (these institutions are indicated further in this Annex and notifications related thereto may be consulted under https://www.wipo.int/treaties/en/registration/budapest/). Also refer to Indian Patents Act, Section 10(4)(d)(ii).

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date
Translation of international application required into (one of) the following language(s):
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1), or at the time of any earlier express request by the applicant to proceed earlier with the national phase
English
Required contents of the translation for entry into the national phase:
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1), or at the time of any earlier express request by the applicant to proceed earlier with the national phase
Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)
Is a copy of the international application required in particular circumstances?
A copy is required only if the applicant has not received Form PCT/IB/308 and the Indian Patent Office has not received a copy of the international application from the International Bureau under PCT Article 20
National fees:
Filing fee:
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1), or at the time of any earlier express request by the applicant to proceed earlier with the national phase
— Up to 30 sheets and 10 claims:
Natural person(s) or startup(s) or small entity(ies):
electronic filing 1,600 INR
paper filing 1,750 INR
Other(s), alone or with natural person(s) or startup(s) or small entity(ies):
electronic filing 8,000 INR
paper filing 8,800 INR
— For each additional priority, multiple of:
Natural person(s) or startup(s) or small entity(ies):
electronic filing 1,600 INR
paper filing 1,750 INR
Other(s), alone or with natural person(s) or startup(s) or small entity(ies):
electronic filing 8,000 INR
paper filing 8,800 INR
— For each additional sheet in addition to 30:
Natural person(s) or startup(s) or small entity(ies)
electronic filing 160 INR
paper filing 180 INR
Other(s), alone or with natural person(s) or startup(s) or small entity(ies):
electronic filing 800 INR
paper filing 880 INR
— For each claim in addition to 10:
Natural person(s) or startup(s) or small entity(ies)
electronic filing 320 INR
paper filing 350 INR
Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
electronic filing 1,600 INR
paper filing 1,750 INR
— For each page of sequence listing of nucleotides and/or amino acid sequences under Rule 9(3):
Natural person(s) or startup(s) or small entity(ies)
electronic filing 160 INR
Subject to a maximum of 24,000 INR
paper filing not allowed
Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
electronic filing 800 INR
Subject to a maximum of 120,000 INR
paper filing not allowed
Exemptions, reductions or refunds of fees:
Refer to Summary above and Annex IN.I
Special requirements of the Office (PCT Rule 51bis):
If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
Name, address and nationality of the inventor if they have not been furnished in the “Request” part of the international application 3
Instrument of assignment or transfer where the applicant is not the inventor 3
Document evidencing a change of name of the applicant if the change occurred after the international filing date and has not been reflected in a notification from the International Bureau (Form PCT/IB/306)
Declaration of inventorship by the applicant 3
Address for service in India (but no representation by an agent is required)
Power of attorney if an agent is appointed
Verification of translation
Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form
Who can act as agent?
Any patent agent registered to practice before the Office
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
No

The procedure in the national Phase

IN.01 FORMS FOR ENTERING THE NATIONAL PHASE
PCT Art. 22, PR Rule 20(7)
The Office has a form (Form 1 - refer to Annex IN.II) for providing details of an international application entering the national phase. This form should preferably be used. PCT applicants are not, in accordance with Article 22, required, at this stage, to furnish all the items set out in Box 10 of the form, namely the statement of undertaking nor any priority document or translations thereof.
IN.02 TRANSLATION (VERIFICATION)
PR Rule 20(3)
The required verification of the translation of the international application and of any other document, which was not either filed or published in English, consists of a simple statement by the applicant, or the person duly authorized by the applicant, to the effect that the translation is correct and complete.
IN.03 TRANSLATION (CORRECTION)
PA Sec. 57, PR Rule 81(1)
Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003). A request for correction or amendment must be made on Form 13 (refer to Annex IN.XII) together with the payment of the prescribed fee.
IN.04 FEES (MANNER OF PAYMENT)
PA Sec. 142, PR Rule 7, First Schedule
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex IN.I.
IN.05 CLAIMS FEE
PR Rule 7, First Schedule
The claims fee is calculated on the basis of the number of claims contained in the international application at the time of national phase entry including, where amendments have been filed during the international phase, the claims as amended under PCT Article 19 or 34(2). Where the applicant fails to pay the correct amount of the claims fee within the prescribed time limit, the application will be deemed not to have been filed under Section 142(3) of the Patents Act, 1970 (for the amount of the claims fee refer to Annex IN.I).
IN.06 RENEWAL FEES
PA Sec. 53, PA Sec. 142, PR Rule 80
After a patent has been granted, renewal fees must be paid for maintaining the patent in force. The renewal fees indicated in Annex IN.I shall be payable to the office at the expiry of the second year from the date of the patent. Further renewal fees are due before the expiry of each succeeding year. If the renewal fee is not paid within the prescribed time limit, the patent will cease to have effect. However, a patent may be restored provided that an application for restoration is made on Form 15 (refer to Annex IN.XIV) within 18 months from the date of cessation (refer to paragraph IN.15). Where the patent is granted later than two years after filing, the fees which have become due must be paid within three months of grant (extendable up to an additional six months using Form 4 (refer to Annex IN.V)). Thereafter every renewal fee becomes due before the anniversary of the granted patent. A request for renewal of a patent must be made on plain paper accompanied by the prescribed fee (refer to Annex IN.I).
IN.07 REPRESENTATION
PA Sec. 127, PA Sec. 132, PA Sec. 135, PR Rules 5
An applicant, irrespective of whether or not he is a national of or a resident in India, is not required to be represented by an agent, but he is required to have an address for service (for notices and other communications) in India. If an agent is appointed to represent the applicant, a written authorization should be filed on Form 26 (refer to Annex IN.XIX) or a power of attorney should be submitted.
IN.08 STATEMENT CONCERNING CORRESPONDING APPLICATIONS IN OTHER COUNTRIES
PA Sec. 8, PR Rule 12
The applicant must file within six months from the date of entry into the national phase, a statement concerning any corresponding applications filed in other countries. The statement must be made on Form 3 (refer to Annex IN.IV) which includes an undertaking that the applicant will update the statement. No fee is required.
IN.09 AMENDMENT OF THE APPLICATION; TIME LIMITS
PCT Art. 28, PA Art. 41, PA Secs. 57 to 59, PR Rule 81
The applicant may, at any time before the patent is granted, make amendments to his application during the national phase provided that these do not exceed the scope of the application as originally filed. The applicant may amend the patent application or the complete specification or any document related thereto, at the discretion of the Controller, by filing a formal request on Form 13 (refer to Annex IN.XII) and paying the prescribed fees (refer to Annex IN.I). It should be noted that amendments may only be requested during the national phase proceedings and not before or at the time of national phase entry. An application for amendments may also be filed after the grant of patent. However, such amendments can only be filed by way of disclaimer, correction or explanation as prescribed under Section 59 of the Patents Act. Where an amendment is made after the grant of patent, any interested person may oppose the amendment of the patent application by filing a notice of opposition on Form 14 (refer to Annex IN.XIII) within three months from publication of the amended application in the Official Journal of the Indian Patent Office.
IN.10 PUBLICATION OF APPLICATION
PA Sec. 11A, PR Rule 24
All applications for patents are published and open to the public after the expiry of 18 months from the priority date except for applications which are provisional or withdrawn or have secrecy provisions under the Act.
IN.11 PRE-GRANT OPPOSITION
PA Sec. 25(1), PR Rule 55
Any person may, at any time after the publication of the application but before the grant of the patent, file an opposition to the grant of the patent on Form 7(A) (refer to Annex IN.VIII) with the Controller with a copy to the applicant. A statement in support of the opposition should also be filed, together with evidence, if any, and a request for a hearing, if so desired.
IN.12 REQUEST FOR EXAMINATION
PA Sec. 11B, PR Rule 24B, 20(4)(ii)
A patent application shall not be examined unless the applicant or any other interested person makes a request for such examination in the prescribed manner within 48 months from the date of priority of the application (if applicable) or from the date of filing of the patent application, whichever is earlier. Such a request must be made on Form 18 (refer to Annex IN.XVI).
IN.13 REQUEST FOR EXPEDITED EXAMINATION
PA Sec. 11B, PR Rule 24A-C
An applicant may file a request for expedited examination on Form 18A (refer to Annex IN.XVII) and pay the fee indicated in Annex IN.I. The request must be filed by electronic means within the period prescribed in Rule 24B. A request for expedited examination can only be filed where:
— the Office has been specified as the competent International Searching Authority or International Preliminary Examination Authority in the corresponding International application, or
— the applicant is a startup, or
— the applicant is a small entity, or
— if the applicant is a natural person or in the case of joint applicants, all the applicants are natural persons, then the applicant or at least one of the applicants is a female, or
— the applicant is a department of the Government, or
— the applicant is an institution established by a Central, Provincial or State Act, which is owned or controlled by the Government, or
— the applicant is a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013), or
— the applicant is an institution wholly or substantially financed by the Government, or
— the application pertains to a sector which is notified by the Central Government on the basis of a request from the head of a department of the Central Government, or
— the applicant is eligible under an arrangement for processing a patent application pursuant to an agreement between the Indian patent Office and a foreign patent Office.
A request for examination may be converted into a request for expedited examination, subject to the furnishing of the required documents and the payment of a balance fee (refer to Annex IN.I.) The request to convert the request for examination into a request for expedited examination must be accompanied by a request for publication under Rule 24A, except where the application has been published or where a request for publication under Rule 24A has already been filed.
IN.14 REQUEST FOR WITHDRAWAL OF APPLICATION
PA Sec. 11B, PR Rule 26
An applicant may file a request for withdrawal of the application under paragraph 4(i) of Section 11B and Rule 26 on Form 29 (refer to Annex IN.XXI). If the application is withdrawn after the filing of a request for examination but before the issuance of the first statement of objection, the fee may be refunded under Rule 7(4A) as indicated in Annex IN.I.
IN.15 PERIOD FOR RESPONDING TO A STATEMENT OF OBJECTIONS
PA Sec. 21(1), PR Rule 24B(4)
A statement of objections will be issued by the Controller in respect of applications that fail to comply with the requirements of the Patents Act. An application will be considered as abandoned unless the applicant complies with all the requirements of the Patents Act and the rules made thereunder within six months from the date on which a first statement of objection is issued. The time for putting an application in order for grant may be further extended for a period of 3 months on a request for extension made on Form 4 (refer to Annex IN.V) along with the payment of the prescribed fee as indicated in Annex IN.I.
IN.16 POST-GRANT OPPOSITION
PA Sec. 25(2), PR Rule 55A
At any time after the grant of the patent but before the expiry of a period of one year from the date of publication of the grant of the patent, any person may file a notice of opposition on Form 7 (refer to Annex IN.IX).
IN.17 REVIEW UNDER ARTICLE 25 OF THE PCT
PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase.
IN.18 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 24(2), PCT Art. 48(2), PCT Rule 49.6
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.
IN.19
PA Sec. 24B, PA Sec. 53(2), PA Sec. 142(4)
Where, during the national phase, the applicant wishes to extend a time limit for performing certain acts relating to the patent application, such as:
PR Rule 6(6), PR Rule 13(6), PR Rule 55(4), PR Rule 80(1A), PR Rule 130, PR Rule 137, PR Rule 138, PR Rule 24B(6), PR Rule 24C(11)
— filing of a statement and undertaking regarding foreign applications (Form 3 - refer to Annex IN.IV)
— filing of a declaration of inventorship (to be made using Form 5 - refer to Annex IN.VI)
— filing of a request for renewal of a patent (Rule 80(1A))
— filing a petition to review an order of the Controller under Section 77(1)(f)
— payment of accumulated renewal fees under Section 142(4) after the grant of the patent,
he should furnish Form 4 (refer to Annex IN.V) before the expiry of the time limit together with payment of the prescribed fee. The time limit may then be extended if the Controller thinks fit and so directs.
The Controller has the power to extend the time limit up to one month beyond that prescribed in the patent rules provided that the fee for such request is paid in advance (Rule 138). It should be noted that the extended time limit does not apply to:
— the filing of a national phase application (Rule 20(4)(i)),
— a translation of amended claims (Rule 20(6)),
— a priority document (Rule 21),
— a request for examination (Section 24B(1),
— the time limit for putting the application in order for grant under Rule 24B(5) and (6) and 24C(10) and 11,
— the applicant’s statement and evidence in the opposition proceedings (Rule 55(4)),
— the payment of renewal fees (Rule 80(1A)),
— the time limit for filing an application for review of a decision or setting aside of orders of the Controller (Rule 130(1) and (2)).
PR Rule 6(6)
The Controller may also excuse the delay in transmitting or resubmitting a document to the Office or performing any act by a party, if a petition to excuse such a delay is made by the party to the Controller along with a statement regarding the circumstances of the delay and evidence in support of the statement. The evidence must, to the satisfaction of the Controller, show that the delay was due to war, revolution, civil disorder, strike, natural calamity, a general unavailability of electronic communication services or other like reason in the locality where the party resides or has his place of business, and that such situation was of such severity that it disrupted the normal communication in that area and that the relevant action was taken as soon as reasonably possible but not later than one month from the date when such situation had ceased to exist. The maximum delay shall not exceed six months from the expiry of the prescribed period, whichever is earlier.
IN.20 RESTORATION OF A LAPSED PATENT
PA Secs. 60, PA Secs. 61, PA Secs. 62, PR Rules 84, PR Rules 85, PR Rules 86
Where a patent has lapsed by reason of failure to pay any renewal fee, the patentee or his representative may, within 18 months from the date on which the patent ceased to have effect, make a request for restoration of the patent using Form 15 (refer to Annex IN.XIV). If the Controller is satisfied that the failure to pay the renewal fee was unintentional and that there has been no undue delay in the making of the request for restoration, he will publish the request for restoration in the prescribed manner, and within the prescribed period. Any interested person may oppose the restoration of the patent by filing an opposition on Form 14 (refer to Annex IN.XIII). The Controller shall publish his decision concerning restoration of a lapsed patent.
IN.21 APPEAL
PA Sec. 117A
Applicants may appeal to the Appellate Board against any decision, order or direction of the Controller as provided for in the Patents Act Section 117A(2). Appeals shall be made in writing and submitted within three months from the date of the decision, order or direction of the Controller, or within such further time limit as the Appellate Board may allow.
IN.22 NUCLEOTIDE AND AMINO ACID SEQUENCES
PA Rule 9(3)
Where the international application contains disclosure of one or more nucleotide and/or amino acid sequences, the applicant must furnish a sequence listing in electronic form. No paper copy of the sequence listing is required.

Annexes

Annex IN.I - Fees
The Office’s fee schedule is available at: http://www.ipindia.nic.in/form-and-fees.htm
Form Patent No. 1 — Application for grant of patent:
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
1,600 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
8,000 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
1,750 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
8,800 INR
— for each additional priority claim, multiple of:
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
1,600 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
8,000 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
1,750 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
8,800 INR
— for each additional sheet in addition to 30:
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
160 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
800 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
180 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
880 INR
— for each additional claim in addition to 10:
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
320 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
1,600 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
350 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
1,750 INR
— for each page of sequence listing of nucleotides and/or amino acid sequences under Rule 9(3):
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
160 INR
Subject to a maximum of 24,000 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
800 INR
Subject to a maximum of 120,000 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
paper filing not allowed
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
paper filing not allowed
Form Patent No. 9 — Request for early publication:
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
2,500 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
12,500 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
2,750 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
13,750 INR
Form Patent No. 18 — Request for examination fee:
If the application is withdrawn before the issuance of a first statement of objection using Form 29 (refer to Annex XXI), the fee may be refunded up to 90%
— under Section 11(B)
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
4,000 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
20,000 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
4,400 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
22,000 INR
— under Rule 20(4)(ii)
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
5,600 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
28,000 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
6,150 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
30,800 INR
Form Patent No. 18A — Request for expedited examination fee:
If the application is withdrawn before the issuance of a first statement of objection using Form 29 (refer to Annex XXI), the fee may be refunded up to 90%
The request for expedited examination must be filed by electronic means
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
8,000 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
60,000 INR
Balance fee for converting a request for examination into a request for expedited examination:
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
4,000 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
40,000 INR
Form Patent No. 13 — Application for amendment of patent application complete specification or other related documents:
— before grant
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
800 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
4,000 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
880 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
4,400 INR
— after grant
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
1,600 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
8,000 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
1,750 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
8,800 INR
Renewal fee under Section 53:
(a) for the 3rd, 4th, 5th and 6th year of the patent
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
800 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
4,000 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
880 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
4,400 INR
(b) for the 7th, 8th, 9th, and 10th year of the patent
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
2,400 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
12,000 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
2,650 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
13,200 INR
(c) for the 11th, 12th, 13th, 14th and 15th year of the patent
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
4,800 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
24,000 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
5,300 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
26,400 INR
(d) for the 16th, 17th, 18th, 19th and 20th year of the patent
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
8,000 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
40,000 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
8,800 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
44,000 INR
Form Patent No. 13 — Request for amendments to name, address, nationality or address for service under Section 57 (for each amendment)
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
320 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
1,600 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
350 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
1,750 INR
Form Patent No. 4 — Request for an extension of time limit
— under Sections 53(2) and 142(4), Rules 13(6), 80(1A) and 130
(per month, for each month for which the extension is sought)
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
480 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
2,400 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
530 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
2,600 INR
— under Rule 24B(5)
(per month, for each month for which the extension is sought)
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
1,000 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
4,000 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
1,100 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
4,400 INR
— under Rule 24C(11) (per month, for each month for which the extension is sought)
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
2,000 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
10,000 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
2,200 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
11,000 INR
Form Patent No. 15 — Request for restoration of patent:
— under Section 60
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
2,400 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
12,000 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
2,650 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
13,200 INR
— additional fee under Rule 86(1)
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
4,800 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
24,000 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
5,300 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
26,400 INR
Form Patent No. 7 — Notice of opposition to an application under Section 25(2)
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
2,400 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
12,000 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
2,600 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
13,200 INR
Form Patent No. 14 — Notice of opposition to an application under Sections 57(4), 61(1) and 87(2)
Electronic filing - Natural person(s) or startup(s) or small entity(ies)
2,400 INR
Electronic filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
12,000 INR
Physical (paper) filing - Natural person(s) or startup(s) or small entity(ies)
2,650 INR
Physical (paper) filing - Other(s), alone or with natural person(s) or startup(s) or small entity(ies)
13,200 INR
How can payment of fees be effected?
The payment of fees must be effected in Indian rupees. All payments must be made together with the filing of the form related to the fee to be paid, and indicate the application number (national, if already known; international, if the national number is not yet known), the name of the applicant and type of fee being paid
Payments may be made by one of the following means: cash, banker’s cheque, electronic means or by bank draft payable to the Controller of Patents at any accepted bank in India where the Office namely, Chennai, Delhi, Kolkata or Mumbai is situated
Forms
The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
Notes:
1 a The Office is competent only if the international search is or has been carried out by that Office, by the Austrian Patent Office or by the Swedish Intellectual Property Office (PRV).
2 a b c The Office is competent only if the international search is or has been carried out by that Office.
3 a b c This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
Current version applicable from 5 Apr 2024 , printed on 15 Apr 2024