PCT National Phase Patent in India

A PCT National Phase Patent in India is filed with a copy of the complete specification along with the details of the applicant, inventors and priority claims.

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.

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be filed within 48 months of the earliest priority date, failure to do so would result in the application deemed to be withdrawn.

Attorney fee for PCT National Phase 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

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

Action Particulars – in US$IndividualLarge Firm
Filing application for Patent30130
For each additional priority30130
Each additional page over 300314
Each additional claim over 100628
Filing request for examination70300

Additional information about PCT National Phase Patent in India

PCT stands for the Patent Co-operation Treaty. The PCT system facilitates the filing of one patent application to be effective for all countries and provides for a simplified procedure for the search and examination of such applications. This allows a resident or national of a PCT member state to obtain the effect of patent filings in all the PCT countries and to defer the bulk of filing costs usually due on filing.

Since December 7, 1998, it is possible to designate India in PCT applications and to elect India in the demand for a preliminary examination.

If India is a designated country in the PCT application, then the deadline for entry into the National Phase in India is 31 months from the earliest priority date. If the applicant does not so elect India in the demand for preliminary examination, then the deadline for entry into the National Phase in India is 21 months from the Priority Date.

Therefore, all applicants who have designated India in their PCT application filed on or after December 7, 1998, will be able to file PCT National Phase applications in India.

The procedure under the PCT has great advantages for you as an applicant, for the patent Offices, and the public:

  1. 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.
  2. 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.
  3. Based on the international search report and the written opinion, you can evaluate with reasonable probability the chances of your invention being patented.
  4. 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.
  5. 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.
  6. 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
  7. 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:

  1. brings the world within reach,
  2. postpones the major costs associated with international patent protection,
    provides a strong basis for patenting decisions; and
  3. is used by the world’s major corporations, research institutions, and universities when they seek international patent protection.

Written by Mahesh Bhagnari, Patent & Trademark 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 a licensed Patent attorney in India and Design attorney in India with Registration № IN PA 1108.
  • I am a licensed Trademark attorney in India with Registration № 10742.
  • I have more than eighteen years of professional experience working in the field of Intellectual property.
Patent attorney in India

You may instruct us by writing an email to info@bhagnari.com or by filling up the below contact form.

Contact form