PCT in India

PCT Application in India:

PCT Application is an international patent application filed at WIPO or receiving office. India is a member of the Patent Co-operation Treaty which entails Indian citizens to file patent applications in the member countries of the PCT as well as entails foreign and Indian applicant to get patent protection in India by entering into the national-phase PCT application after filing their application at WIPO.

The advantage of filing a PCT application is that whereas conventionally, complete specification needs to be filed within one year from priority application, in case of PCT applications this can be extended to around 30 months depending on country-specific patent laws. In India, the timeline is 31 months. Further, on the basis of the international search report from the International Search Authority [ISA] or the written opinion, the applicant can evaluate with reasonable patentability of the invention in the regions or countries where the patent is sought.

The National Phase of a PCT Application in India is similar to the filing of a regional patent in India. Within 31 months from the priority date, the application enters the National Phase. And filing of PCT application in India is much simpler than filing of normal national application since most of the formal requirements are resolved in the international phase itself. Also, the national examiners most often follow the Search Report conducted in the International Phase.

Before entering the National phase, the applicant must furnish the following documents:

• Furnishing of a translation (in English). Required contents of Translation are: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract.
• A copy of the international application is required only if the applicant has not received Form PCT/IB/308 and the Patent Office have not received a copy of the international application from the International Bureau under PCT Article 20.
• Name, address and nationality of the inventor if they have not been furnished in the "Request" part of the international application.
• Power of attorney.
• International application or translation to be furnished in two copies.
• Instrument of assignment or transfer where the applicant is not the inventor.
• Document evidencing a change of name of the applicant if the change occurred after the international filing date and has not been reflected in a notification from the International Bureau (Form PCT/IB/306).
• Declaration of inventorship by the applicant
• Verification of translation. Verification consists of a simple statement by the Applicant or his agent that the translation is correct and complete.
• In case there are corresponding applications in other countries, the applicant must file within six months from the date of entry into the national phase, a statement concerning any corresponding applications filed in other countries. The statement is made on Form 3.

At Intepat, our well-experienced team handles the PCT Applications with ease. We have had the experience of filing PCT application of applicant entering into India through the national-phase PCT applications. Also, there have been many instances wherein we have successfully handled PCT applications of Indian applicants.