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PCT Patent Application * Five Key Points to Know While Filing National Phase Patent Application under PCT

Patent Filing Procedure in India | International Patent Application Filing under PCT in India

Detailed Information for national phase pct patent in India. PCT Patent Application Filing Process in India

PCT Patent Application, How to File a Patent in India, national phase pct patent in India, Documents and filing of patent application in India

PCT Patent Application Process in India

PCT Patent Application: Filing of any type of intellectual property rights whether patent applications, trademarks or industrial  design application has its own set of law and rules applicable and common among the treaty member countries. The full form of PCT is patent corporation treaty and another treaty is paris convention treaty. Prosecuting the same patent application in multiple countries can be challenging and daunting task for the patent applicant.

For example, voluntary amendment of patent claims was not allowed earlier. However, now one has the option to delete the number of patent claims while entering India under the national phase via the PCT route. Many a times, the deadline date for providing details related to prosecution of patent application in multiple countries is different. Having said that, we would be discussing frequently asked questions related to national phase pct patent  in India and Filing National Phase Patent Application under PCT in India. Filing  national phase pct patent in India can secure your intellectual property right in Indian jurisdiction. Remember, without filing national phase pct patent in India you cannot enforce your patent rights in India.

First Key Point for PCT Patent Application in India: Deadline Date (last date of filing pct international patent in India)

What is the deadline date for filing a patent application under National phase in India via the PCT route for the patent applicant?

Generally, in many of the member countries of the PCT treaty the patent applicant can enter within 30 months from the priority date. However, while entering India under National patent phase, the patent application can enter and file patent before the patent office by hiring the services of a patent lawyer is 31 months from the first patent filing date.

Second Key Point for PCT Patent Application in India: Request for examination (RFE Date)

What if as a patent applicant I missed the deadline to file request for examination of the patent application. Can the deadline date to file the request for examination for patent be extended? 

India is very strict as far the patent deadline dates are concerned. The deadline date to file the request for examination for patent cant be extended. No application related to condoning the delay will be accepted as far as request for examination is concerned. The Request for Examination (RFE) has to filed within 48 months from the first patent filing date in the home country of patent filing.

Third Key Point for national phase pct patent in India: Patent Claim Amendment ( Changing the scope of the patent)

Is it possible to amend the patent claims while entering India under national phase at the time of filing before the patent office? 

In accordance to recent patent amendments:

In the principal rules, in rule 20, for sub-rule (1), the following sub-rule shall be substituted, namely:

―(1) An application corresponding to an international application filed under Patent Cooperation Treaty may be made in Form 1 under sub-section (1A) of section 7.

Explanation.- For the purpose of this rule, “an application corresponding to an international application‖ means an international application as filed under Patent Cooperation Treaty which includes any amendments made by the applicant under Article 19 and communicated to Designated Office under Article 20 or any amendment made under sub-clause (b) of clause (2) of Article 34 of the Treaty:
Provided that the applicant, while filing such application corresponding to an international application designating India, may delete a claim, in accordance with the provisions contained in rule 14.

In light of the recent amendment, patent claims can be deleted not amended in accordance with current patent laws.

Fourth Key Point for PCT Patent Application in India: Patent Filing Cost in India

While filing patent application in India it is important to know the government patent filing fees?

The basic government patent filing fees & cost includes the filing of patent application which includes not more than 30 pages of the complete specification and 10 claims claiming the scope of the invention. The complete specification includes the detailed description, patent drawings, sequence listing, patent claims and the abstract. Any additional page in excess of 30 is chargeable on per page basis and patent claims from number 11 is chargeable. Therefore, for filing a national phase patent application before a Designated Office, the patent applicant should pay the prescribed national fee and file a duly verified translation of the basic patent application, if the patent application is not written in English. 

Fifth Key Point for PCT Patent Application in India : International Patent filing date

The International filing date is the deemed date of filing the patent in India if the patent applicant enters the national phase in India by filing a National Phase Application within thirty one months from the date of priority of the first patent application. Therefore, the international patent filing allows the claiming of priority from the date of filing of first patent application in the convention country. The patent filing before WIPO is a simple and cost effective procedure for the patent applicants planing to protect their invention in many countries. 

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