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I have a PCT application. When and how do I enter India?
A PCT application is not a worldwide patent. To get an Indian patent you must enter the Indian national phase within 31 months of the earliest priority date.
Prepare and file the Indian national phase entry now.
Urgent - a deadline or loss of rights may be close
Please review this with an advocate, patent attorney or registered patent agent before you act. Do not rely on this answer alone.
- Confirm the earliest priority date and the exact 31-month date today.
- Translations, if needed, take time - start immediately.
- Recent Delhi High Court authority has treated the national phase deadline as mandatory, including where the delay was caused by an agent. Do not plan on an extension.
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Educational guidance only - not legal advice. Do not rely on it. It cannot see your documents, your dates or the prior art, and those usually decide the answer. Laws, rules, forms, fees and deadlines change. Please review your situation with a qualified advocate, patent attorney or registered patent agent before you act or decide not to act.
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.