International Patent Application and Prior Art Search: India | International Searching Authority ISA | PCT Patents| Entry to National Phase before Indian Intellectual Property Patent Office | Free Patent Search Tech Corp Legal LLP

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Filing PCT International Patent Application under PCT National Phase in India by Foreign Patent Applicants

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Patent applicants should note that patent protection is territorial in nature. Every country has its own patent protection system, and no international or national authority can grant a patent enforceable in any other country. For example, patent filed before Indian Patent Office will grant patent in India and patent filed before US Patent and Trademark Office (PTO) will grant patent in US.

To protect intellectual property rights of innovators and inventors internationally 18 states signed the 1970 Patent Cooperation Treaty (PCT). The international treaty provides a global structure for patent applicants’, SMEs, start ups, innovators and inventors to protect their intellectual property rights in every state signed onto the treaty. Under PCT treaty, the patent applicant can seek patent protection for an invention simultaneously in each member state of the PCT treaty by filing international patent application at WIPO instead of filing numerous separate national patent applications in each country. Patent cooperation treaty members comprise 146 states.

Filling International patent application before WIPO consists of a set of forms along with a copy of Complete Patent Specification including the patent description, claims, drawings and abstract. The applicant’s patent attorney has to select International Searching Authority (ISA) who will be conducting International Search to identify published prior art documents in relation to the invention filed before the WIPO. The International Search Report discloses the one or more documents considered to be relevant to the invention in question and provide written patentability opinion related to following 3 aspects of the invention:

  • Novelty of Invention in terms of one or more patent claims
  • Inventive Step of Invention in terms of one or more patent claims
  • Industrial Applicability of Invention in terms of one or more patent claims

The International patent application filed before WIPO is published on the WIPO website after the expiration of 18 months from the earliest Priority filing date of the patent application. The date on which the International patent application filed before WIPO is published is known as International Publication date. The patent applicant can file PCT patent application under National Phase in multiple countries in a given timeframe. For example, filing a national phase patent application in India after filing a PCT application is 31 months from the priority date of the PCT application. In other countries for example United States of America, filing a national phase patent application in US after filing a PCT application is 30 months from the priority date of the PCT application.

Tech-Corp Legal® LLP, is a leading technology focused international patent law firm headquartered in New Delhi, capital of India, with offshore offices in US, UK, China and Singapore. Our patent attorneys have advanced degrees in science, engineering, and technology. Our law firm partners combined have over 20 years experience in all aspects of intellectual property law. Our well-experienced team of patent attorneys and patent agents prosecute PCT international patent applications before Indian Patent Office. We are passionate about providing cost effective representation for our clients in all intellectual property matters before Indian Patent Office. We also provide patent monitoring service in India.

Role of Patent Attorney in conducting Prior Art and Patent Novelty Search

The patent search is performed on numerous patent databases that cover worldwide patents. The patent attorney provides opinion on patentability of the invention. The electronic copies of the patent specifications are provided along with the patent report. The turnaround time to provide the patentability search report is about five to seven days depending upon the complexity of the invention.

Free Patent Databases:

PATENTSCOPE

Search International Patent Applications

PATENTSCOPE

Search National Patent Collections

UNITED STATES PATENT AND TRADEMARK OFFICE

United States Patent and Trademark Office

To read more on Filling International Patent Application under National Phase in India before Indian Patent Office: Click Here

To read more on Prior Art Searching in India: Click Here

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Visit our Business Blog homepage: http://research.techcorplegal.com/ International Technology Business & Patent Law Firm in India: Patent Drafting, Patent Searching, Patent Filing in India, PCT National Phase Filings in India: http://www.techcorplegal.com/ International Business & Management Company in Singapore: Starting a Business in Singapore:http://www.techcorpgroup.com/ Contributors: Prity Khastgir and Rahul Dev We regularly update our Facebook page and share similar stories on Twitter.You can also check out our premium service offerings for Mobile Applications, Social Media & Cyber Laws and Pharmaceuticals, Biotechnology, Food & HealthcareTo know more about us, get connected with us on LinkedIn or mail us at info [at] techcorplegal [dot] com Starting a New Business in Singapore|Singapore Business Guide

Tech Corp International Consultants Pte. Ltd. is a Singapore based business consultancy company focusing on at entrepreneurs who are exploring to start a new business by incorporating a company in Singapore. Through a strong network of our business associates in Singapore, we provide a diverse range of services, including, Singapore company incorporation, accounting, tax, immigration and related compliance services. We assist our clients in incorporation of local Singapore companies, Singapore subsidiaries of foreign corporations and registration of Singapore branch offices of overseas companies, statutory administration of companies, accounting and tax filing for companies and individuals, application for work passes and permanent residence for expatriates, application for business licenses, and related corporate services.

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