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PCT Filing in India

 


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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 an Advocate and Registered Patent And Trademark Attorney with Aswal Associates and handles IPR division of the firm and is having the vast experience of having being associated with various premier IPR firms of India in the past. The author is also a member of APAA.

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