National Phase Filing | Process, Requirements, Benefits and Deadline

The Patent Cooperation Treaty (PCT) provides inventors with a streamlined way to seek patent protection in multiple countries using a single international application. However, the most crucial step comes after the PCT stage—National Phase Filing. This is the point where applicants must enter individual countries to secure patent rights within their chosen jurisdictions.

Understanding the process, requirements, benefits, and deadlines is essential for applicants planning global IP protection. This article explains everything clearly, with special focus on National Phase Filing in India and National Phase Filing in Japan, two of the most popular patent destinations in Asia.

What Is National Phase Filing?

National Phase Filing is the stage where an international PCT application transitions into a national application in each selected country. Once the international phase is complete, applicants must choose the countries where they want patent protection and fulfill specific national requirements.

Each jurisdiction has its own procedures, fees, forms, examination rules, and deadlines. Missing the national phase entry window usually results in complete loss of rights in that country.

National Phase Filing Process

While procedural steps differ among jurisdictions, the core process includes:

Step 1: Select Countries of Interest

Applicants decide the jurisdictions where they want patent protection—such as India, Japan, US, Europe, China, Canada, etc.

Step 2: Prepare National Requirements

This includes submitting the specification, claims, abstract, drawings, translation (if required), forms, and inventor details.

Step 3: Submit Application to National Office

The application is filed at the national patent office, along with the required fees.

Step 4: Request Examination

Many countries require a separate request for examination within a specific timeframe.

Step 5: Patent Prosecution

The applicant must respond to office actions, provide clarifications, amend claims, and address objections raised during the examination.

Step 6: Grant and Maintenance

Once approved, the patent is granted, followed by periodic renewals to maintain validity.

National Phase Filing Requirements

Although exact requirements vary by country, common documents include:

• Complete specification or national language translation
• Claims and abstract
• Drawings
• Details of PCT Filing (international number, filing date)
• Priority document (if not already submitted)
• Inventor and applicant information
• Power of Attorney (depending on jurisdiction)

Some countries require immediate translations, while others allow later submissions.

Deadlines for National Phase Filing

The most critical factor in national phase entry is the deadline.

Standard Deadlines

• 30 months from the priority date (common in many countries)
• 31 months from the priority date (used in others)

Missing the deadline typically results in permanent loss of rights, although a few countries offer restoration under limited conditions.

National Phase Filing in India

India is a popular destination for patent protection due to its strong IP framework and growing innovation ecosystem.

Deadline

India follows a 31-month deadline from the earliest priority date.

Requirements

• English specification
• Claims and drawings
• Applicant details
• National phase entry form
• Power of Attorney (can be submitted later)
• Request for examination (must be filed within 48 months)

Key Benefits of Filing in India

• Large and rapidly growing market
• Strong IP enforcement environment
• Cost-effective filing and prosecution
• Faster examination available through expedited routes

Due to India’s rising importance in pharmaceuticals, software, AI, and engineering sectors, National Phase Filing in India is a strategic choice for companies seeking strong market protection.

National Phase Filing in Japan

Japan is one of the world’s leading innovation hubs and a top destination for PCT national phase entry.

Deadline

Japan follows a 30-month deadline from the priority date.

Requirements

• Japanese translation of the full specification
• Applicant and inventor details
• Priority document (if required)
• Form submission to JPO (Japan Patent Office)
• Request for examination within three years of filing

Benefits of Filing in Japan

• Strong legal protection and high-quality examination
• Valuable for advanced technology markets such as electronics, robotics, automotive, and biotech
• Patents have high commercial value due to Japan’s global industry influence

Because Japan is a high-innovation economy, National Phase Filing in Japan is ideal for applicants seeking robust protection in technologically advanced sectors.

Conclusion

National Phase Filing is a pivotal step in securing global patent protection. Understanding the deadlines, documentation, and procedures helps applicants avoid costly errors and maximize the commercial value of their inventions. Whether choosing National Phase Filing in India for its growing market or National Phase Filing in Japan for high-quality patent filing, the national phase strategy plays a key role in global IP success.