Free IP tool · PCT national phase

PCT National Phase Deadline Calculator

Enter one date and get your national phase entry deadline for every major patent office — and, if the 30 or 31-month date has already passed, exactly where you can still file and under which rule.

125+ offices Late entry to 48 months India: Form 4 route
When must you enter the PCT national phase? In most countries, 30 or 31 months from your earliest priority date. Miss it and the application lapses in that country — but not everywhere. A minority of offices allow late entry on payment alone: Singapore to 48 months, Indonesia 43, Canada 42, India 37 on Form 4, Türkiye 33, China 32. Others allow reinstatement only where the delay was unintentional. A few, including Korea and Mexico, allow nothing at all.
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PCT national phase entry deadlines and late-entry provisions by office
OfficeStandard deadlineLatest possible entryStatusProvision & conditions
SingaporeSG30 months48 monthsEnter a dateExtension of up to 18 months, as of right on payment of the prescribed extension fee. No reason need be given, but the request must be made before the 18-month period expires. The most generous major jurisdiction in the PCT system.Verified 11 Aug 2026 · WIPO time-limits table, footnote 14
IndonesiaID31 months43 monthsEnter a dateLate entry up to 12 months after the 31-month date, on payment of an additional official fee with a written explanation of the delay. There is no recourse after 43 months.Verified 11 Aug 2026 · WIPO footnote 5 + DGIP practice
CanadaCA30 months42 monthsEnter a datePatent Rules s.154(3) — entry up to 12 months after the 30-month date with the late fee and a statement that the failure to meet the deadline was unintentional. CIPO may refuse the statement. Applies to international filing dates from 30 Oct 2019.Verified 11 Aug 2026 · WIPO footnote 15 + CIPO
IndiaIN31 months37 monthsEnter a dateRule 20(4)(i) for the 31-month date; extension of up to 6 months on Form 4 under amended Rule 138 (Patents (Amendment) Rules 2024). The IPO e-filing portal lists "National phase application entry (priority date)" as a Rule 138 option against provision r/w 20(4)(i). Controller's discretion — an unintentional delay and a real intention to pursue must be shown. Full India position →Verified 11 Aug 2026 · IPO e-filing portal Form 4 + Rule 138
South AfricaZA31 months34 monthsEnter a dateRegistrar's discretionary extension of 3 months, on formal application. Not available as of right.Verified 11 Aug 2026 · SA practitioner sources
TürkiyeTR30 months33 monthsEnter a dateExtended entry to 33 months on payment of the additional late-entry fee. WIPO records the office as "30 (33)".Verified 11 Aug 2026 · WIPO footnote 8
ChinaCN30 months32 monthsEnter a date2-month late-entry window on payment of the surcharge (WIPO records CNIPA as "30 (32)"). China has notified incompatibility with PCT Rule 49.6, so there is no reinstatement after 32 months.Verified 11 Aug 2026 · WIPO footnote 8 + CNIPA
PhilippinesPH30 months31 monthsEnter a date1-month extension on payment of the late-entry fee (WIPO records IPOPHL as "30 (31)"). The Philippines has notified incompatibility with Rule 49.6.Verified 11 Aug 2026 · WIPO footnote 8
SerbiaRS30 months+30 daysEnter a dateExtension of 30 days on payment of the additional fee.Verified 11 Aug 2026 · WIPO footnote 13
BelizeBZ30 monthsOn requestEnter a dateThe time limit may be extended on written request of the applicant. No fixed outer date is published — ask before relying on it.Verified 11 Aug 2026 · WIPO footnote 7
United StatesUS30 monthsNo fixed capEnter a datePetition to revive under 37 CFR 1.137 on the unintentional delay standard, with the petition fee and the national stage requirements. There is no 12-month cut-off, but the entire delay must have been unintentional, and a petition filed more than two years after abandonment attracts a request for further explanation.Verified 11 Aug 2026 · 37 CFR 1.137 / MPEP 1893
JapanJP30 months≈42 monthsEnter a dateRestoration on the "unintentional" standard (relaxed from the earlier stricter test), with a statement, evidence and fee. Outer boundary only — the request must also be made within 2 months of the cause ceasing. The separate 2-month translation window is not an entry extension.Verified 11 Aug 2026 · JPO / Patent Act 184-4
Russian FederationRU31 months≈43 monthsEnter a dateReinstatement where the failure was unintentional, on request with the restoration fee. Outer boundary only — subject to the 2 months from removal of the cause limb.Verified 11 Aug 2026 · Rospatent practice / PCT Rule 49.6
Eurasian Patent OfficeEA · regional31 months≈43 monthsEnter a dateRestoration where the failure was unintentional, on request with the fee, within 2 months of the cause ceasing or 12 months of the deadline, whichever expires first. Covers Russia, Kazakhstan, Belarus, Armenia, Azerbaijan, Kyrgyzstan, Tajikistan, Turkmenistan.Verified 11 Aug 2026 · EAPO
MalaysiaMY30 months≈42 monthsEnter a dateReinstatement under PCT Rule 49.6 on the "unintentional" standard, with a supporting declaration, all entry requirements met, and a fee scaled to the months of delay.Verified 11 Aug 2026 · MyIPO practice
AustraliaAU31 monthsDiscretionaryEnter a dateExtension of time under Patents Act s.223 for an error or omission, or circumstances beyond control, supported by a full and frank declaration. Extensions of 12 months and longer have been granted, but nothing is available as of right — apply as soon as the omission is discovered.Verified 11 Aug 2026 · Patents Act 1990 s.223
New ZealandNZ31 monthsDiscretionaryEnter a dateNZ has notified incompatibility with Rule 49.6, so late entry runs through a discretionary national request supported by a statutory declaration or affidavit, made as soon as possible after the deadline. No fixed outer date.Verified 11 Aug 2026 · IPONZ practice guidelines
IsraelIL30 monthsDiscretionaryEnter a date Restoration of rights is available but narrowly applied — there is no automatic grace period after the 30-month date. Move immediately and expect to evidence the reason.Verified 11 Aug 2026 · ILPO practice
BrazilBR30 months≈32 monthsEnter a dateReinstatement under PCT Rule 49.6 (INPI Resolution 77/2013) — roughly a 60-day window, with an explanation and evidence of the reason. Discretionary, and the success rate is low.Verified 11 Aug 2026 · INPI
ThailandTH30 months≈42 monthsEnter a dateRestoration request within 2 months from the end of the cause that prevented entry, or 42 months from the first filing date — whichever expires first. Not an automatic grace period.Verified 11 Aug 2026 · DIP practice
Viet NamVN31 months37 monthsEnter a dateReinstatement within 6 months of the 31-month date, with a declaration explaining that the failure was unintentional, plus the prescribed fee.Verified 11 Aug 2026 · IP Viet Nam practice
European Patent OfficeEP · regional31 months≈33 months*Enter a dateNotice-driven — no fixed calendar date. Entry is due at 31 months (Rule 159). On expiry the EPO issues a Rule 112(1) loss-of-rights communication; further processing (Art 121 / Rule 135) must then be requested within 2 months of that communication, with the omitted acts completed and the surcharge paid. Re-establishment (Art 122, "all due care") sits behind it as a discretionary last resort. The ≈33-month figure is indicative only — the real deadline runs from the EPO's letter. The EPO is the only route for France, Belgium, Netherlands, Ireland, Greece, Cyprus, Lithuania, Latvia, Malta, Monaco, Montenegro, Slovenia and San Marino.Verified 11 Aug 2026 · EPC Rules 159, 112, 135
United KingdomGB31 months≈33 months*Enter a dateLate entry within 2 months of the 31-month date where the failure was unintentional — the applicant must have actually intended to enter the UK national phase, not merely intended to obtain a UK patent. Behind that sits reinstatement under s.20A, a harder and slower last resort.Verified 11 Aug 2026 · Patents Act 1977 / Patents Rules 2007
Republic of KoreaKR31 monthsNoneEnter a dateNo remedy. Korea has notified incompatibility with PCT Rule 49.6, and its general restoration provision does not extend to a missed PCT nationalisation deadline. Once 31 months passes, the application is lost in Korea.Verified 11 Aug 2026 · WIPO Rule 49.6(f) table + KIPO
MexicoMX30 monthsNoneEnter a dateNo remedy. Mexico has notified incompatibility with Rule 49.6 and grants no extension of the entry deadline. The 2-month period sometimes quoted is for filing the Spanish translation after a timely entry — it does not extend the entry date itself.Verified 11 Aug 2026 · WIPO Rule 49.6(f) table + IMPI
GermanyDE · national route31 monthsAsk counselEnter a dateThe DPMA adopted the 31-month limit from 1 May 2022. Germany has notified incompatibility with Rule 49.6, and published sources conflict on whether national re-establishment reaches this deadline. Treat as closed unless German counsel confirms otherwise — and note that most applicants reach Germany through the EPO instead.Position under review · 11 Aug 2026
SwitzerlandCH · also Liechtenstein30 monthsAsk usEnter a dateStandard deadline confirmed. The national late-entry position is not yet verified by us and is not published here — ask before relying on it. Switzerland is also the only office for Liechtenstein.Late-entry position not researched · 11 Aug 2026
No office matches that filter.

Late entry as of right — available on payment, no reason required. · On request — available only if the office accepts your reason; most apply an unintentional delay test, and the request usually must also be made within 2 months of the cause being removed, which often expires before the outer date shown. · Act now — the clock is started by an office communication, not by the calendar. · Closed — no remedy exists.
* Dates marked ≈ or "discretionary" are indicative. They depend on an office notification or on the office exercising a discretion, and cannot be computed from your priority date alone.

The rest of the world

Standard entry deadlines — all other PCT offices

Deadlines below are taken from WIPO's official time-limits table. We have not yet published a verified late-entry position for these offices, so none is shown — ask us and we will confirm it for your case rather than guess.

OfficeStandard deadlineYour dateNotes
AlbaniaAL31 monthsAlso reachable via the EPO.
AlgeriaDZ31 months
AngolaAO30 months
ARIPOAP · regional31 monthsRegional office; also the only office for Eswatini.
ArmeniaAM31 monthsAlso reachable via the Eurasian office.
AustriaAT30 monthsAlso reachable via the EPO.
AzerbaijanAZ30 months31 months with a Chapter II demand.
BahrainBH30 months
BarbadosBB30 months
BelarusBY31 monthsAlso reachable via the Eurasian office.
Bosnia & HerzegovinaBA34 monthsThe longest standard deadline in the PCT system.
BotswanaBW31 monthsAlso reachable via ARIPO.
Brunei DarussalamBN30 months
BulgariaBG31 monthsAlso reachable via the EPO.
Cabo VerdeCV30 monthsAlso reachable via ARIPO.
CambodiaKH30 months
ChileCL30 months
ColombiaCO31 months
Costa RicaCR31 months
CroatiaHR31 monthsAlso reachable via the EPO.
CubaCU30 months
CzechiaCZ31 monthsAlso reachable via the EPO.
DenmarkDK31 monthsAlso reachable via the EPO.
Dominican RepublicDO30 months
EcuadorEC31 months
EgyptEG30 months
El SalvadorSV30 months
EstoniaEE31 monthsAlso reachable via the EPO.
FinlandFI31 monthsAlso reachable via the EPO.
GeorgiaGE31 months
GhanaGH30 monthsAlso reachable via ARIPO.
GuatemalaGT30 months
HondurasHN30 months
HungaryHU31 monthsAlso reachable via the EPO.
IcelandIS31 monthsAlso reachable via the EPO.
IranIR30 months
IraqIQ31 months
ItalyIT30 monthsNational route open since 1 July 2020; also reachable via the EPO.
JamaicaJM30 months
JordanJO30 months
KazakhstanKZ31 monthsAlso reachable via the Eurasian office.
KenyaKE30 monthsAlso reachable via ARIPO.
KuwaitKW30 months
KyrgyzstanKG31 monthsAlso reachable via the Eurasian office.
Lao PDRLA30 months
LuxembourgLU20 monthsUnusual: 20 months, extended to 30 only if a Chapter II demand was filed in time. Most applicants use the EPO instead.
MadagascarMG30 months
MauritiusMU30 months
MongoliaMN31 months
MoroccoMA31 months
MozambiqueMZ31 monthsAlso reachable via ARIPO.
NamibiaNA31 monthsAlso reachable via ARIPO.
NigeriaNG30 months
North MacedoniaMK31 monthsAlso reachable via the EPO.
NorwayNO31 monthsAlso reachable via the EPO.
OAPIOA · regional30 monthsThe only office for 17 West and Central African states.
OmanOM30 months
PanamaPA30 months
Papua New GuineaPG31 months
PeruPE30 months
PolandPL30 monthsHas notified incompatibility with Rule 49.6. Also reachable via the EPO.
PortugalPT30 monthsAlso reachable via the EPO.
QatarQA30 months
Republic of MoldovaMD31 months
RomaniaRO30 monthsAlso reachable via the EPO.
RwandaRW30 monthsAlso reachable via ARIPO.
Saudi ArabiaSA30 months
SeychellesSC31 months
SlovakiaSK31 monthsAlso reachable via the EPO.
SpainES30 monthsAlso reachable via the EPO.
Sri LankaLK30 months
SwedenSE31 monthsAlso reachable via the EPO.
Syrian Arab RepublicSY31 months
TanzaniaTZ21 monthsUnusual: 21 months, extended to 31 only if a Chapter II demand was filed in time. Also reachable via ARIPO.
TunisiaTN30 months
TurkmenistanTM31 monthsAlso reachable via the Eurasian office.
UgandaUG30 monthsAlso reachable via ARIPO.
UkraineUA31 months
United Arab EmiratesAE30 months
UruguayUY30 monthsNot bound by PCT Chapter II — a demand does not extend this date.
UzbekistanUZ31 months
ZambiaZM30 monthsAlso reachable via ARIPO.
ZimbabweZW30 monthsAlso reachable via ARIPO.
No office matches that search.

Not on either list? Several countries are not PCT Contracting States and cannot be entered from a PCT application at all — Argentina and Taiwan among them (Argentina's accession is in progress but not in force). Others, including France, Belgium, the Netherlands, Ireland, Greece, Cyprus, Lithuania, Latvia, Malta, Monaco, Montenegro, Slovenia and San Marino, have no national route — the EPO is the only way in.

The India position

Late national phase entry in India: the Form 4 route under Rule 138

India's national phase deadline is 31 months from the earliest priority date under Rule 20(4)(i) of the Patents Rules, 2003. For years that date was treated as absolute: the pre-2024 Rule 138 expressly carved national phase entry out of the Controller's power to extend, and the Delhi High Court refused relief in cases such as Diebold Self Service Systems and Humanity Life Extension.

That changed with the Patents (Amendment) Rules, 2024, in force 15 March 2024. Rule 138 was substituted in full and now opens "notwithstanding anything contained in these rules" — the carve-outs are gone. The Controller may extend a time or condone a delay by up to six months on a request in Form 4, made before that six-month period expires, and the request may be made more than once within it.

This is not merely a reading of the text. The IPO e-filing portal now offers it directly: Form 4 carries a "u/r 138" option, and its drop-down lists "National phase application entry (priority date)" against the provision r/w 20(4)(i), with a months-of-extension field accepting up to 6.

What this means in practice

31 months, extendable to 37

A national phase application can be filed in India up to 37 months from the earliest priority date, supported by a Form 4 request under Rule 138.

But it is discretionary. Rule 138 gives the Controller a power, not the applicant a right. Relief is granted where the applicant shows a genuine, unintentional failure and a continuing intention to pursue the application. A deliberate decision not to file, or plain negligence, is unlikely to be condoned.

Treat 31 months as the real deadline and the Form 4 route as a rescue, not a plan. If you are relying on it, file the request with a full and candid explanation and be ready to evidence it.

If the date has passed

Missed the 30 or 31-month deadline? Do these five things

Late-entry rights are lost by delay more often than by law. Every remedy below rewards moving quickly and punishes waiting.

Step 1

Fix your reference date

Confirm the earliest priority date on the international application — or the international filing date if no priority is claimed. Every deadline below is computed from it, and getting it wrong by a day is the most common error we see.

Step 2

File first where no reason is needed

Singapore, Indonesia, India, Türkiye, China, the Philippines and Serbia allow late entry on payment, within their own windows. These need no explanation and no evidence — secure them before spending effort on the harder routes.

Step 3

Check for an office communication

At the EPO and in the UK the clock that matters starts with the office's own letter, not your priority date. If a loss-of-rights communication has issued, the remedy window may be days, not months.

Step 4

Record the cause and the date it ended

Reinstatement almost everywhere requires the request within two months of the cause being removed, as well as within the outer limit. Write down what went wrong and when you found out — that date decides whether the remedy is still available.

Step 5

Accept the closed doors

Korea and Mexico have no remedy at all. So does any office whose outer limit has passed. Spending on a hopeless filing is worse than losing the country — redirect the budget to the jurisdictions still open.

Then

Get one opinion covering all of it

Send us the international publication number and the priority date. We will come back within 24 hours with the jurisdictions still open, the provision for each, what evidence it needs, and what to file first.

Straight answers

PCT national phase deadlines — FAQs

In several countries, yes. Singapore allows entry up to 48 months from the priority date on payment alone, Indonesia up to 43, Canada up to 42 with a statement that the failure was unintentional, India up to 37 on Form 4, Türkiye 33, China 32 and the Philippines 31. Elsewhere a reinstatement request may be possible if the delay was unintentional. In Korea and Mexico no remedy exists.

Singapore, Indonesia, Türkiye, China, the Philippines and Serbia grant their extension on payment of the prescribed fee, with no requirement to explain the delay. India's six-month Form 4 extension and Canada's twelve-month reinstatement do require a reason, but a straightforward one is usually enough.

Yes, up to 37 months. The 31-month deadline sits in Rule 20(4)(i), and the amended Rule 138 introduced by the Patents (Amendment) Rules, 2024 lets the Controller condone a delay of up to six months on a Form 4 request. The IPO e-filing portal now lists national phase entry as a Rule 138 option. It remains a discretionary power — you must show the failure was unintentional and that you always intended to pursue the application.

It is the PCT's own safety net. Where an office has not opted out, you may ask it to reinstate your rights if the deadline was missed either unintentionally or in spite of due care — each office chooses which test it applies. The request must be made within the earlier of two months from the removal of the cause and twelve months from the deadline. Ten offices have notified incompatibility with the rule, including China, India, Korea, Mexico, Canada, Germany, New Zealand and the Philippines; several of them provide a national remedy instead.

From the earliest priority date claimed in the international application. If no priority is claimed, it runs from the international filing date instead. Where several priorities are claimed, the earliest one governs — this is the date to enter in the calculator.

Because the European remedy is not calendar-driven. Entry is due at 31 months; if it is missed, the EPO issues a loss-of-rights communication and further processing must be requested within two months of that letter, not within two months of the deadline. The letter usually issues a month or two after the 31-month date, so the practical outer limit lands near 33 months — but your actual deadline is set by the EPO's communication.

Not directly. France, Belgium, the Netherlands, Ireland, Greece, Cyprus, Lithuania, Latvia, Malta, Monaco, Montenegro, Slovenia and San Marino have closed their national routes for PCT applications — the European Patent Office is the only way in, and a European patent is then validated in the countries you want.

The international application lapses in every country you did not enter, and the invention is almost certainly already published — the PCT publishes at 18 months — so refiling fresh is not an option. The disclosure becomes prior art against you. Where a late-entry route still exists, it is normally the only route left.

How to use this tool. This calculator gives indicative dates and a general summary of national phase entry provisions in the offices listed. It is general information, not legal advice, and using it does not create an attorney–client relationship. Deadlines and late-entry provisions change; each office applies its own rules for computing time limits, including weekends and official holidays, and most late-entry provisions are discretionary — an office may refuse a request even where a route is shown as open. Where a remedy depends on why a deadline was missed, the outcome turns on the specific facts and the evidence filed. Dates are calculated from the reference date you enter; we do not verify that date against your international application. Do not act — or decide not to act — on this tool alone: confirm the position with a qualified attorney in the jurisdiction concerned. Legismith Partners LLP accepts no liability for any loss arising from reliance on this tool. Data version 2026.08, compiled from WIPO's official time-limits and Rule 49.6 tables and national sources, verified 11 August 2026.

Missed a deadline? Tell us the publication number.

Send us the international publication number and the earliest priority date. Within 24 hours you will have a written list of the jurisdictions still open to you, the provision that applies in each, the evidence it needs, and the order to file in. If nothing is open, we will tell you that too — quickly, so you can stop spending.

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