PCT National Phase Patent in India

PCT National Phase Patent in India

An application for PCT National Phase Patent in India consists of details of the applicant, inventors and priority claim, along with a copy of the Complete Specification.

Every complete specification for a PCT National Phase Patent in India shall:

  1. fully and particularly describe the invention and its operation or use and the method by which it is performed.
  2. disclose the best method of performing the invention which is known to the applicant for which he is entitled to claim protection.
  3. end with a claim or set of claims defining the scope of the invention for which the protection is claimed.
  4. refer to the deposit of the biological material in the international depository authority, if applicable; and
  5. be accompanied by an abstract.

A POA from the inventor/applicant accompanies the application.

One can enter National Phase in India within 31 months in case of a PCT application.

These documents need to be in ENGLISH.

To file an application for PCT National Phase Patent in India we would require:

  1. Name, address and nationality of each inventor and applicants
  2. A copy of the Complete Specification which must include claims, abstract and drawings
  3. Verified English translation of the priority documents
  4. A Power of Attorney signed by an applicant or an authorized person of each applicant
  5. Proof of Right: a document transferring the rights from inventor to the applicants
  6. Information about the status of the patent applications filed in other jurisdictions for the same invention.

Do note that:
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be filed within 48 months of the earliest priority date, failure to do so would result in the application deemed to be withdrawn.

Process flowchart for PCT National Phase Patent in IndiaPCT National Phase Patent in India work flowchart

Cost of filing a PCT National Phase Patent in India

  1. Option 1: We charge an Attorney filing fee of US$400 + Actual Patent Office fee + ACTION based fee for prosecuting the case till grant/final disposal of the matter.
  2. Option 2: We offer to handle a case for a One-time FLAT Attorney fee of US$1125 + Actual Patent Office fee + NO further fee for prosecuting the case till grant/final disposal of the matter.

The official fee for filing a PCT National Phase Patent in India

India Patent Office Filing fee:

Action Particulars – in US$IndividualSmall FirmLarge Firm
Filing application for Patent3075150
For each additional priority3075150
Each additional page over 30030714
Each additional claim over 10061428
Filing request for examination75185375

Do note that the above table shows the actual official fee payable to the Patent Office, attorney fee would be additional.

You may directly call on +91.9860588440 or write a mail to info@bhagnari.com for further information and discussions.

FAQs about PCT National Phase Patent in India

  1. What does it cost to file a PCT National Phase Patent in India?
  2. What is the official fee for filing a PCT National Phase Patent in India?
  3. What are the contents of a Complete Specification for filing a PCT National Phase Patent in India?
  4. What is a disclosure of the status under Section 8(1) of The Patents Act, 1970?
  5. What is the time period for responding to the First Examination Report?
  6. Additional information about PCT National Phase Patent in India
  7. How do I file the PCT National Phase Patent in India?
  8. What happens to my application after filing the PCT National Phase Patent in India?

Written by Mahesh Bhagnari, Patent & Trademark Attorney in India.

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