PCT FILING IN INDIA
National Phase Entry of PCT Application:
All PCT Applications designating India are considered as
Indian Patent Applications filed on the date of the
International Application. The period for entering into
national phase is 31 months from the priority date.
Following are the basic requirements for entry into
National Phase in India:
(i) Application setting out the title of the invention,
names, addresses and Nationality of the inventors;
applicants.
(ii) Complete specification as filed before the International
office with claims, drawings and abstract. If the
application is filed in a language other than English
language then a certified English translation of the
same.
(iii) Prescribed Fees in cash/by local cheque /by demand
draft.
Once the national processing has started, the
following documents have to be furnished either
along with the Application or within the stipulated
time frame:
(i) Assignment deed where the applicant is not the
inventor,
(ii) Declaration of inventorship by the Applicant,
(iii) Statement and undertaking regarding status of
corresponding Applications in other countries every six
months,
(iv) Power of Attorney to agent (duly stamped),
(v) Copy of PCT/IB/304 or Priority document. If priority
document is in any language other than English an
English translation of the same along with certification
in support of the same.
(vi) International Search Report
(vii) International Preliminary Examination Report, if any.
At the time of national phase entry, amendments to the
International Application can be made, but such
amendments cannot go beyond the disclosure made in the
original Application. No extraneous or new matter is to be
added.
It is possible to file a complete specification in respect of
two or more provisional specifications if the invention
disclosed in them is cognate or development of each other.
However there would not be any relaxation in payment of
fees.
In case of PCT application request for Examination has to be
filed within 48 months from the date of priority.
After a request for examination is filed and the Application
has been published in the Patent Journal, the Controller
ordinarily assigns the Application to an Examiner within one
month of request. The Examiner will examine the
Application and issue an Official Report to the Controller
ordinarily within one month but not exceeding three
months. The Controller shall then communicate the report to
the Applicant ordinarily within one month. An application is
examined for the following matters:
(i) Novelty,
(ii) Obviousness,
(iii) Utility,
(iv) Patentability under the Patents Act, 1970 and as
amended, and
(v) Anticipation.
The Applicant is provided 12 months' time to respond to the
issues raised in the Examination report, without any
extension whatsoever. Once objections are satisfied, the
application is accepted by the Controller and, thereafter, an
intimation for acceptance is issued by the Patent Office and
after disposal of any pre grant opposition and passing of six
months from date of publication.
After expiration of six months from the date of publication
and disposal of any pre grant opposition, Grant of the Patent
will be published in the Patent Journal and a Letter Patent
Document shall be issued.
Grant of Patent is valid for 20 years from its date of
International filings. It must be renewed every year by
paying prescribed fee starting from the third year from the
year of filing of International Patent Application within three
months of such intimation. After a Patent has been granted,
articles manufactured under the patented invention may be
represented as "Patented.'' The number of the Patent must
be indicated on the product.
(Author is a Registered Patent Attorney and Advocate in
India and is Managing Partner in ASWAL ASSOCIATES and
can be contacted at the below given address in India)
Sudhir Kumar,
Advocate & Registered Patent Attorney, India
ASWAL ASSOCIATES
S-171, Mohan Garden, New Delhi- 110059, India
Email:
[email protected]Web: www.aswalassociates.com
Ph. : (00-91)-9810374087/9999089890, 00-91-253564222
