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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.
Work out the dates first.
Moderate complexity - several routes or missing facts
Please review this with an advocate, patent attorney or registered patent agent before you act. Do not rely on this answer alone.
- Find the earliest priority date claimed in the PCT application (on WIPO PATENTSCOPE or the PCT request).
- Add 31 months for India. Other countries have their own national phase deadlines - do not assume they are the same.
- Write down the international filing date and publication date too.
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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.