PCT Patent Application Filing in India

Filing PCT Patent Application and Patent Registration in India Law Firm

Filing National Phase Patent PCT Application and Patent Registration in India Law Firm

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http://gipresearch.org/patent_research/index.php/patent-research-services/patent-filing-prosecution/pct-application-patent-foreign-filing-indian-attorney

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Foreign Patent applicants and inventor s can enter the national phase PCT patent application in India after filing their corresponding patent application before WIPO anytime within 31 months timeline from the priority date of the PCT application. Generally, patent examiners do take into consideration the one or more documents disclosed in the International Search Report conducted by the International Searching Authority (ISA) while prosecuting the patent application in India.

The PCT National Phase Patent application in India comprise filing of patent forms along with a copy of complete patent specification including the patent description, patent claims, patent drawings and patent abstract.

National phase PCT Patent Filing Requirements in India:

  • PCT Application Number
  • Patent description, patent claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19)
  • Full Name, Address and Nationality of Applicants and Inventors (if different from publication cover page)
  • Priority application number, date of filing and country.
  • Form PCT/IB/304 and Verified English translation of priority patent document, if the priority patent application is not in English language which may be submitted later
  • Inventor’s Signature in Prescribed form
  • Assignment deed duly executed and legalized if inventor is not the applicant
  • Priority claim details (if relevant)
  • Power of Attorney (POA) form

In circumstances where the same corresponding patent application has been filed in multiple countries, the patent applicant must file a statement and undertaking under section 8 on Form 3. The statement and undertaking will have information about any corresponding patent applications filed in multiple countries. Particularly, till the date of acceptance of the complete patent specification by the Controller, details regarding corresponding applications for patents filed outside India will be furnished within three months from the date of filing of patent application.

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