Learn More About PCT Filing Procedure In India

Husen Memon
IP Blog
September 23, 2022

Before knowing the PCT filing procedure in India, first, understand the meaning of a patent. A patent is a type of intellectual property that the government grants for a novel, non-obvious innovation or improvement. 

Why register a patent application?

  • A patent offers long-term security for the invention and can improve the quality and quantity of the applicant or inventor through licencing their patent rights.
  • Having the ability to prevent infringement by a competitor who produces, sells, or makes an offer to make an invention covered by the patent’s claims.
  • Patents help in marketing and stronger market positioning for the business.
  • To stop others from securing a patent on the same technology, a patent may be used as a protective publication.

Types of patent application

  • Provisional Application
  • Ordinary Application
  • Convention Application
  • PCT International Application
  • PCT National Phase Application
  • Patent Of Addition
  • Divisional Application

PCT (Patent Cooperation Treaty)

An international agreement with more than 145 participants is the patent cooperation treaty. The World Intellectual Property Organization is in charge of managing it (WIPO). By submitting a single international patent application instead of various separate national patent applications, PCT makes it quicker to get patent protection in many nations in one go. The national patent office of that particular jurisdiction continues to be in charge of patent grants.

It is possible to submit a PCT application up to 12 months after the priority patent application filing dates. The PCT application reaches the national phase PCT application within just 31 months from the priority date.

PCT filing procedure in India

Because India is a member of the Patent Cooperation Treaty, Indian citizens are now able to file patent applications abroad, and foreign applicants are now able to file patent applications in India.

Documents required for PCT filing in India

  • Translations of the claims, descriptions, summaries, and pictures into English
  • If the applicant has still not received the form, just use the international application or form PCT/IB/304.
  • The applicant’s name, residence, and nationality, as well as the inventor’s.
  • the name of the invention, the priority application number, and the filing date

Other documents required for filing PCT in India

  • The Indian service address
  • Power of authority, Whenever a patent agent is appointed
  • Instrument of assignment, if the applicant is not the inventor
  • Checking the translated document

Procedure for PCT application in India

  • Filing: submit a PCT application within 31 months after the priority date
  • Publication: After 18 months from the date of submission, the patent application is published.
  • Request for examination: Within 48 months after the filing date, a request for examination must be made. 
  • Grant of patent: From four months or as required before the grant of the patent, the patent application is subject to opposition.
Advantages of PCT application  
  • Submitting for patent protection through the PCT procedure will save time, money, and extra work.
  • Offers a simple and safe platform for submitting a patent application throughout many different nations.

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