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PCT national phase in India, filing requirements and procedure

The basic mandatory requirements for filing a PCT National Phase Patent Application in India are as follows:

  1. PCT Application details- Application no. and date of filing.
  2. Name, address, particulars and nationality of applicant/s for patent
  3. Name, address and nationality of inventor/s of patent
  4. English Translation of PCT Application i.e. description, claims, abstract, drawings (if any), sequence listing (if any)
  5. Priority Application details- Name of applicant, Title and IPC Code, Priority Application no. and date of filing

Please note that it is no possible to change the Application details while filing the Application in India, except to delete the claims. Any amendment can be made by filing a request as per procedure after national phase has been entered. To avoid payment of the amendment fee it is desirable that the concerned amendment be made directly with the WIPO.

Other requirements towards PCT National phase patent filing in India:

  1. Power of authority in favour of Indian Patent Attorney/ agent, to be stamped in India, notarisation not necessary.
  2. DAS Code or Certified copy of priority document within 31 months from date of priority or PCT/IB/304  issued by WIPO towards each priority document
  3. English translation of Priority documents along with certificate of translation in support within 31 months from date of earliest priority
  4. Details of all corresponding foreign application within 6 months of filing of application and/or within 6 months of filing of Patent application in any country outside India.
  5. Proof of right in favour of applicant from inventor in writing (assignment deed, employment agreement or any other arrangement) preferably notarised within 6 months from filing of application.

Discount in Official Fee for natural persons/ start ups/ small entity/ educational institutions

India allows 80% discount in official fee to natural persons/start ups/ small entity and educational institutions. However in the event the patent or application is assigned to non-natural person, the entire discounted fee has to be paid at the time of registration of assignment.

An affidavit duly executed and notarised affidavit along with evidence is required to be filed along with Form 28 to claim the start up/ small entity/ educational institution status. To know more about criteria and evidence required for claiming start up/ small entity/ educational institution status, please get in touch. 

Patent prosecution in India includes the following stages:

  1. Filing of patent application
  2. Publication of patent application on request or after 18 months from date of filing or priority whichever earlier
  3. Filing of request for Examination within 48 months from date of application or priority whichever is earlier
  4. Issuance of First Examination Report containing all the objections to grant of patent 
  5. Responding to the First examination report and compliance within 6 months of issuance of FER or within extended period of 3 months if extension obtained normal date of acceptance.
  6. Hearing with Controller, if requested within prescribed time and objections are contested
  7. Acceptance of patent application and issuance of Patent Certificate i.e. Grant of Letter Patent Document by Patent office

Recent Activity

Date : November 09, 2019
Location: Taipei, Taiwan

APAA 70th Council Meeting

70th Council Meeting of Asian Patent Attorneys Association was held in Taipei, Taiwan from November 9 to November 12, 2020

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