PCT National Phase Patent in India
PCT National Phase Patent in India
A PCT National Phase Patent in India is filed by submitting a copy of the complete specification which must contain the description, drawings, an abstract and end with a set of claims defining the scope of the invention. A set of forms mentioning the of details of the applicant, inventors and priority claim is also filed. All these documents must be in English.
A POA from the inventor/applicant accompanies the application.
One can enter National Phase in India within 31 months from the priority date.
What does it cost to file a PCT National Phase Patent in India?
Every complete specification for a PCT National Phase Patent in India shall:
- fully and particularly describe the invention and its operation or use and the method by which it is performed.
- disclose the best method of performing the invention which is known to the applicant.
- end with a claim or set of claims defining the scope of the invention.
- refer to the deposit of the biological material in the international depository authority, if applicable; and
- be accompanied by an abstract.
Requirements for filing a PCT National Phase Patent in India
- Name, address and nationality of each inventor and applicants
- A copy of the Complete Specification which must include claims, abstract and drawings
- Verified English translation of the priority documents
- A Power of Attorney signed by an applicant or an authorized person of each applicant
- Proof of Right: a document transferring the rights from inventor to the applicants
- Information about the status of the patent applications filed in other jurisdictions for the same invention.
Important Due dates for PCT National Phase Patent in India
- An application for PCT National Phase Patent in India must be filed within 31 months of the earliest priority date.
- A request for examination must be filed within 48 months of the earliest priority date, failure to do so would result in the application deemed to be withdrawn.
- Applicant must respond to First Examination Report (FER) within SIX months, and the application must be put in order for a grant within TWELVE months of the FER.
Procedure of prosecuting PCT National Phase in India
After entering the National Phase in India, examination must be requested within 48 months from the earliest priority date.
After requesting examination, it will typically be 12-18 months before a first examination report is issued. A response to the first examination report must be filed within six months of its date. The applicant must put the patent in order for grant within 12 months from the date of the first examination report.
Following successful examination, the application will proceed to acceptance and third parties are provided with an opportunity to oppose the grant of a patent within 3 months of the advertisement of acceptance. If there is no opposition, a patent will be granted shortly thereafter.
Attorney fee for filing a PCT National Phase Patent in India
Action based fee
- Attorney fee for preparing and filing a PCT National Phase Patent in India
- Additional fee for responding to office actions
- Additional fee for preparing evidences and arguments
- Additional fee for attending hearings with the examiner
Capped Flat fee
- Attorney fee for preparing and filing a PCT National Phase Patent in India
- No further fee for responding to office actions
- No further fee for preparing evidences and arguments
- No further fee for attending hearings with the examiner
| Click here: Fee for INDIAN applicants in Rupees. |
The official fee for filing a PCT National Phase Patent in India
| Action Particulars – in US$ | Individual | Large Firm |
| Filing application for Patent | 30 | 130 |
| For each additional priority | 30 | 130 |
| Each additional page over 30 | 03 | 14 |
| Each additional claim over 10 | 06 | 28 |
| Filing request for examination | 70 | 300 |
Do note that the above table shows the actual official fee payable to the Patent Office, attorney fee would be additional.
Advantage of filing a PCT application
The procedure under the PCT has great advantages for you as an applicant, for the patent Offices, and the public:
- You have up to 18 months more than if you had not used the PCT to reflect on the desirability of seeking protection in foreign countries, to appoint local patent agents in each foreign country, to prepare the necessary translations, and to pay the national fees.
- You can rest assured that, if your international application is in the form prescribed by the PCT, it cannot be rejected on formal grounds by any PCT contracting state patent Office during the national phase of the processing of the application.
- Based on the international search report and the written opinion, you can evaluate with reasonable probability the chances of your invention being patented.
- You have the possibility during the optional international preliminary examination to amend the international application and thus put it in order before processing by the various patent offices.
- The search and examination work of patent Offices can be reduced or eliminated thanks to the international search report, the written opinion, and, where applicable, the international preliminary report on patentability that accompanies the international application.
- Since each international application is published together with an international search report, third parties are in a better position to formulate a well-founded opinion about the potential patentability of the claimed invention; and
- For you as an applicant, international publication puts the world on notice of your application, which can be an effective means of advertising and looking for potential licensees.
Ultimately, the PCT:
- brings the world within reach,
- postpones the major costs associated with international patent protection,
provides a strong basis for patenting decisions; and - is used by the world’s major corporations, research institutions, and universities when they seek international patent protection.
FAQs about PCT National Phase Patent in India
- What does it cost to file a PCT National Phase Patent in India?
- What are the requirements for filing a PCT National Phase Patent in India?
- What are the due dates for PCT National Phase Patent in India that I should be aware of?
- What is the official fee for filing a PCT National Phase Patent in India?
- What are the contents of a Complete Specification for filing a PCT National Phase Patent in India?
- What is a disclosure of the status under Section 8(1) of The Patents Act, 1970?
- What is the time period for responding to the First Examination Report?
- What are the steps to take for filing a PCT National Phase Patent in India?
- What is the process of prosecuting a patent application in India?
- Additional information about PCT National Phase Patent in India
- Advantage of filing a PCT National Phase Patent in India?
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This article has been written by
Patent attorney in India
I, Mahesh Bhagnari, am the Managing Principal of the firm:
- I am an Attorney at Law with Bar Council Registration № MAH/1574/2003.
- I am licensed to practice at the Intellectual Property Office as a Patent attorney in India and Design attorney in India with Registration № IN PA 1108.
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- I have more than eighteen years of professional experience working in the field of Intellectual property.
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