For inventors seeking global protection for their ideas, the Patent Cooperation Treaty (PCT) offers a convenient path through a single international application. However, the most important stage after the PCT process is National Phase Filing, where the applicant enters individual countries to request patent protection. Among the top destinations worldwide, National Phase Filing in India has become extremely popular due to the country’s fast-growing innovation ecosystem, cost-effective filing structure, and strong legal framework.

This beginner’s guide explains the national phase filing in India, key requirements, deadlines, and why foreign inventors increasingly choose India for patent protection.

What Is National Phase Filing

National Phase Filing in India is the process of entering the Indian patent system after submitting a PCT application. Although the PCT allows inventors to file one international application, the PCT itself does not grant patents. Instead, applicants must enter the national phase in each country where they want protection.

In India, the national phase entry converts the international PCT application into an Indian patent application, which is then examined by the Indian Patent Office (IPO). After examination, objections, responses, and possible amendments, the IPO may grant the patent.

This step is crucial because failing to enter the national phase on time leads to the loss of patent rights in India, even if the invention is protected internationally.

What Is the Deadline for National Phase Filing in India?

India follows a 31-month deadline from the earliest priority date. This means applicants have 31 months from the first filing (priority application) to enter India under the PCT route.

If the applicant misses this deadline, the IPO generally does not permit restoration, except in extremely rare, limited situations. Therefore, tracking deadlines is essential for preserving patent rights in India.

What Documents Are Required for National Phase Entry in India?

Preparing the correct documents helps avoid delays and objections later during examination. A beginner-friendly checklist includes:

• Complete English specification (if the PCT application is not already in English)

• Claims, abstract, and drawings

• PCT application number and details

• Applicant and inventor information

• Power of Attorney (can be submitted later)

• Assignment deed (if applicant and inventor are different)

Priority documents (if not already submitted to WIPO)

Applicants must also file a Request for Examination (RFE) within 48 months from the earliest priority date. Without this request, the application will not move forward.

Step-by-Step Process for National Phase Filing in India

Step 1: Submit the Application to the Indian Patent Office

The Indian national phase application is filed online or physically with the required forms and documents.

Step 2: Publication of the Application

Most PCT applications are automatically published at 18 months. After national phase entry, the IPO republished it on its platform.

Step 3: Request for Examination

The applicant must file Form 18 (Request for Examination) within 48 months.

Step 4: Examination and Office Action

A patent examiner reviews the application for novelty, inventive step, and industrial applicability. An examination report (FER) is issued.

Step 5: Response to Examination Report

The applicant must respond to objections within six months.

Step 6: Grant of Patent

If all objections are resolved, the IPO grants the patent and publishes the certificate.

Benefits of National Phase Filing in India

A. Access to a Large and Growing Market

India is one of the world’s fastest-growing technology and consumer markets, making it a strategic jurisdiction for global protection.

B. Cost-Effective Patent Filing

Compared to the US, EU, or Japan, India offers significantly more affordable Patent filing and prosecution costs.

C. Strong IP Enforcement Environment

India has strengthened its legal and judicial IP framework, offering better enforcement for innovators.

D. Suitable for Emerging Technology Sectors

India is ideal for protecting inventions in software, pharma, biotech, electronics, AI, renewable energy, and engineering.

Common Mistakes Beginners Should Avoid

• Missing the 31-month deadline

• Not filing the Request for Examination on time

• Ignoring technical requirements like claim formatting

• Submitting incomplete documents

• Not responding to office actions within deadlines

Working with an experienced patent professional can help beginners avoid these errors.

Conclusion

National Phase Filing in India is a valuable step for any inventor seeking strong, affordable, and globally recognized patent protection. With clear timelines, straightforward requirements, and a strengthening IP ecosystem, India is becoming a preferred destination for PCT applicants worldwide. By understanding the process and preparing early, beginners can secure their inventions effectively and confidently enter one of the world’s most dynamic markets.