RFE Deadline in India: 31 vs 48 Months Under the 2024 Patent Rules (Calculator)

How-to · Patents · Calculator

Updated for 2026 · Claw Editorial

If you handle Indian patents, one missed date can end an application: the request for examination. After the Patents (Amendment) Rules 2024, that date is no longer the same for every file, so the old habit of counting 48 months can now be wrong by 17 months. This guide shows how to choose between the 31 month and 48 month rule, how to calculate your own date, and what your options are if the date has already passed. Last verified October 2026.

01Why the RFE date is easy to get wrong

A patent application in India is not examined unless the applicant asks for it. That request is made on Form 18, and it has a hard deadline. If the deadline passes without a valid request, the application is treated as withdrawn. There is no reminder from the Patent Office.

Two rules now run side by side

For years the answer was simple: 48 months. The Patents (Amendment) Rules 2024 changed the period for newer filings. Now the deadline depends on when the application was filed. A docket that treats every file the same will give wrong dates for one group or the other.

The start date is not always the filing date

The period is counted from the earliest priority date if priority is claimed, and from the Indian filing date if it is not. PCT national phase files and divisional applications add more questions about which date to use. This is where most errors happen, not in the arithmetic.

The 2024 cut-off is now arriving

Applications filed on or after 15 March 2024 with no earlier priority reach the 31 month mark from mid October 2026. So the new rule is no longer a future change. It is a live deadline on real files this month.

02The rule: 31 months or 48 months

The two periods are set by Rule 24B of the Patents Rules, 2003, read with Section 11B of the Patents Act, 1970.

Form 18 is the request for examination. Filing it on time is what moves the application into the examination queue. Filing it late, without condonation, means the application is deemed withdrawn.

The deadline is 31 months for filings on or after 15 March 2024, and 48 months for older filings. Count from the earliest priority date.

Condonation is possible in limited cases. Rule 138 allows the Controller to extend certain time periods, and the 2024 amendment is reported to allow a delay of up to six months to be condoned for the RFE period. We cover this below. Do not plan around it. It needs a request, a fee, and the Controller’s discretion.

03Calculator: work out your RFE date in five steps

You do not need software to calculate this date. You need the right inputs and a clear order of steps.

1. Find the Indian filing date. Take it from the filing receipt or the application status on IP India.
2. Check for priority. If a Paris Convention or PCT priority is claimed, note the earliest priority date. That date becomes your start date. If there is no priority, the Indian filing date is the start date.
3. Pick the rule. If the application was filed on or after 15 March 2024, use 31 months. If it was filed before that, use 48 months.
4. Add the months. Add 31 or 48 months to the start date. The result is the last day to file Form 18. Keep the same day number. If the target month is shorter, check the day carefully and file earlier to be safe.
5. Set two reminders. Set one three months before and one one month before. Add a hard internal cut-off a week earlier than the legal date.

For PCT national phase applications, the counting can differ from the date you filed in India. Check the earliest priority date on the PCT record and confirm the start date with IP India or your agent.

04Worked examples

These examples use plain dates so you can check your own method. They are illustrations, not legal advice.

Look at the first row. A file made just after the cut-off has a deadline in October 2026, while a file made six weeks earlier has until February 2028. That gap is why dockets must store the filing date and the rule used, not only the final deadline.

The last row depends on the cut-off being judged by the Indian filing date, which is the common reading. Confirm it for any file near the boundary.

05What if you miss the deadline

If the RFE period passes, the application is treated as withdrawn under Section 11B. Your options are narrow, so act quickly.

Ask for condonation under Rule 138

Rule 138 gives the Controller power to extend some time periods on a request, with the prescribed fee. Reporting on the 2024 amendment says the RFE delay can be condoned for up to six months. Filing the request quickly, with a clear reason for the delay, helps.

Think about restoration only for a different situation

Restoration of a lapsed patent for non-payment of renewal fees is a separate route under Section 60. It does not apply to a missed RFE. For that topic, read our guide on patent restoration under Section 60.

If condonation is refused

The Controller’s order can be challenged, and the High Court IP Division hears such matters. If you reach that stage, you will want to read earlier orders on delay and condonation. A court-side tracker helps here, for example the Bombay High Court cause list tracker guide for hearing dates, and the litigation search API guide if you need to check counterparties at scale.

06Common mistakes to avoid

• Using 48 months for every file. This is the most common error after the amendment. Check the filing date first.
• Counting from the wrong date. Priority date, PCT international filing date, and Indian filing date are three different dates. Write down which one you used.
• Leaving it to the last week. Form 18 is simple, but portal issues and payment failures happen. Keep a buffer.
• Not storing the rule with the date. If your tracker holds only a deadline, nobody can audit it later.
• Assuming condonation is automatic. It is a request, not a right.

Applicants who want faster grant can also ask for early examination, but that is a separate topic. This page covers only the standard RFE date.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Working out the RFE date is a registry task. When a missed date is challenged, or a Controller order is taken to the High Court IP Division, the answer sits in earlier orders and judgments. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds, covering the Supreme Court from 1950 and the High Courts from 1990. So you can read how courts have treated delay and condonation before you rely on it.

Claw does not use customer documents to train AI models. Create a FREE Claw account to follow condonation and patent matters by party or advocate. To search the wider body of law, see case search across Indian courts.

08Sources and further reading

Check every date and form against the primary sources before you rely on it. Last verified October 2026.

• IP India (Patents Rules, Form 18, fee schedule, notifications): ipindia.gov.in
• IP India online filing and status: ipindiaservices.gov.in
• WIPO (PCT timelines and national phase information): wipo.int
• Indian Kanoon (court orders on RFE, delay and condonation): indiankanoon.org
• Claw: clawlaw.in

This page is general information, not legal advice. Law firm explainers on the 2024 amendment, such as those from Khurana and Khurana and S&A Law Offices, agree on the 31 month and 48 month split.

09Frequently asked questions