Patent Deadlines Under India’s 2024 Patent Rules: What Startups Must Track

Patent rights in India are won and lost on dates. A request for examination filed a day late, a working statement left unfiled or a renewal fee missed can end an application or expose a granted patent to a compulsory licence. Startups with small teams and no patent docketing system are the most likely to miss them.

The Patents (Amendment) Rules, 2024, notified in March 2024, changed several of the dates and forms that matter most, and the first big Form 27 deadline under the new triennial system fell on 30 September 2026. This guide explains what changed, the deadlines every startup should have in its calendar, how Form 27 and Form 3 work, how to claim the startup concessions, and what to do if you have missed a date. Check the current Rules and the Patent Office’s notices before relying on any date, because the changes continue.

What the 2024 Rules changed

The Patents (Amendment) Rules, 2024 were notified in the Official Gazette on 15 March 2024 (Mondaq; Anantam). Four changes matter for startups. First, Form 27, the statement of working of a patent, now has to be filed once every three financial years instead of every year, and it no longer asks for revenue or value figures from working the patent in India (Khurana & Khurana; Conventus Law). Second, the time to file a request for examination was reduced from 48 months to 31 months, but, according to the commentary, only for applications filed after the amendment came into force: earlier applications keep the 48-month period (Mondaq).

Third, the Rules gave startups, small entities and educational institutions an 80% rebate on official fees at each stage, and provided for expedited examination for startups and certain other applicants (Rajya Sabha reply; IP India). Fourth, procedural details changed, such as time limits for particular steps and forms for specific requests. We did not find a source confirming the changes to the time allowed for responding to a first examination report, so check the Rules for the current position.

More changes have been reported. One law-firm guide describes a 2026 amendment on expedited examination, examination timelines and fees, but without rule numbers or dates, and we couldn’t verify it against the Gazette. Treat the 2024 Rules as the established baseline and check the Gazette of India and the Patent Office website for anything newer before you plan.

The calendar: key patent deadlines

Build a patent calendar for each application from the filing date or the priority date. The main dates are these. If you file a provisional application, you must file the complete specification within twelve months. If you claim priority from an earlier filing abroad, the Paris Convention period is twelve months from that filing. For an international application, national phase entry in India is generally due at 31 months from the priority date. Form 3, giving details of corresponding foreign applications, is due within six months of filing the Indian application.

The request for examination is the date startups miss most often. For applications filed after the 2024 Rules, the request has to be filed within 31 months of the priority date or the filing date, whichever is earlier, and an application for which no request is filed is treated as withdrawn. For earlier applications, the period is 48 months. Put the earlier of the two dates in your calendar, and don’t count on an extension.

After the request, the Patent Office issues a first examination report, and you must respond within the period the Rules allow, which has generally been six months with the possibility of an extension on request. Check the current period when the report arrives. Third parties can file a pre-grant opposition any time before grant, and a post-grant opposition within twelve months of the publication of grant. Renewal fees are payable each year from the third year, and a lapsed patent can be restored on application within a limited period. Calendar every one of these, with reminders at least two months in advance.

Form 27 and working statements

Every patentee, and every licensee, must give the Patent Office information on the extent to which the patented invention has been worked in India, on Form 27. Under the 2024 amendment, the statement is filed once every three financial years, within six months of the end of the three-year block, and it is simpler because it doesn’t ask for revenue or value information (Khurana & Khurana; The IP Press).

The transition dates are important. For patents granted on or before 31 March 2023, the first three-year statement covers the financial years 2023-24 to 2025-26 and was due by 30 September 2026. For patents granted on or after 15 March 2024, the first filing is due by 30 September 2027 (Conventus Law). The Patent Office has clarified that the new period applies prospectively, so missed statements for 2022-23 or earlier cannot be folded into the new block. If you hold a patent that was granted before March 2023 and you haven’t filed the statement due in September 2026, do it now and be ready to explain the delay.

Treat Form 27 as a real obligation. Failure to furnish the required information can lead to a fine under the Patents Act, and commentators note that a patentee who doesn’t report working may find the non-filing used against it in a compulsory licence application, which a competitor can bring if the invention is not worked in India (K&S Partners). Keep records of manufacture, import and licensing in India so that you can complete the form accurately, and make sure your licensees know who is responsible for their statements.

Startup concessions and how to claim them

The 80% fee rebate applies to startups, small entities and educational institutions, and the Patent Office’s achievements document describes it as covering filing, prosecution and maintenance (IP India). To claim it as a startup, you need DPIIT recognition and you have to claim the lower fee when you file, with the recognition certificate. Check each fee payment to make sure the right category was selected, because a wrongly claimed concession can lead to a demand for the balance later.

Startups can also ask for expedited examination, which brings the examination forward ahead of the normal queue. It is meant for startups that need a grant for fundraising, licensing or enforcement. Use it deliberately, because an earlier examination report starts the response clock sooner, and you need your response ready. Remember too that a concession depends on your status on the relevant date: if your DPIIT recognition lapses or you grow out of the category, later fees may have to be paid at the full rate.

On practicalities, a foreign applicant or a startup without a registered Indian patent agent can file but needs an address for service in India, and the practitioners who prosecute applications are Indian registered patent agents or advocates. Decide early who will handle prosecution, give them the calendar, and ask for written confirmation of each deadline. And keep your Section 8 obligations in view: the information about corresponding foreign applications that you give in Form 3 has to be kept up to date.

Missed deadlines, remedies and quick answers

What you can do after a missed date depends on which date it was. A missed request for examination has serious consequences, because the application is treated as withdrawn, and extensions for some statutory periods are not available, so prevention matters most. For other time-limited steps, the Rules allow an extension of time in certain cases on request and for a fee, but extensions are discretionary and shouldn’t be assumed. A patent that has lapsed for non-payment of renewal fees can be restored on application within a limited period after lapse, subject to conditions and to the rights that third parties acquired in the meantime. If a deadline was missed because of a Patent Office error or a delay in communication, document it and raise it promptly. For Form 27 and Form 3, file late with a short explanation and ask your advisers about the risk. And set up a docketing system now, with two reminders per deadline, because most missed deadlines are simply not noticed in time.

Related reading: Indian patent prosecution for US firms: Form 3, Form 27 and deadlines, can you patent software in India? Section 3(k), DPIIT startup recognition in 2026, patent paralegal support from India, software patents in India for US tech companies, software patents in India for UK tech companies and trade secrets in India: protecting source code without a patent; also filing in India after a US provisional patent and patent opposition in India for UK companies; also India’s deep tech startup category; also patent filing costs for Indian startups.

Quick answers

When must I file a request for examination in India?

For applications filed after the 2024 Rules, within 31 months of the priority date or filing date, whichever is earlier. For earlier applications, the period is 48 months. Confirm which applies to your application.

How often is Form 27 filed now?

Once every three financial years, within six months of the end of the block, instead of every year. The first deadline for patents granted before 31 March 2023 was 30 September 2026.

Do startups get a discount on patent fees?

Yes. DPIIT-recognised startups, small entities and educational institutions get an 80% rebate on official fees, and startups can request expedited examination.

What happens if I miss the request for examination?

The application is treated as withdrawn, and the available routes back are limited, so treat the deadline as hard. Calendar it from the earlier of the priority date and the filing date, with reminders at least two months ahead.

Does Form 27 apply to licensees as well?

Yes. Every patentee and every licensee must give information on the extent to which the patented invention has been worked in India, and the 2024 Rules reduced the burden by making the statement triennial and removing revenue figures.

Final word

Halverton & Co. is an Indian law firm advising founders, startups, technology companies and investors on Indian law, including patent prosecution strategy, docketing, startup fee concessions and IP compliance for Indian technology companies. We practise in Jharkhand, Maharashtra and before the Supreme Court of India, and act as fractional legal counsel for technology-driven businesses. Halverton & Co.: Where tech needs law! If you have a question about Indian law, write to us at office@halvertonandco.com, or get in touch.

This article reflects developments reported up to late October 2026. It is for general information only, is not legal advice, and does not create an advocate-client relationship. Halverton & Co. is an Indian law firm.