FILING PCT APPLICATION IN INDIA

A PCT international application may be filed by an Indian applicant after receiving foreign filing permission under section 39 of the Patents Act 1970, or after six weeks and within twelve months of the filing of a patent application in India.

Receiving Office

  • A PCT international application may be filed in India as either Indian Patent Office or International Bureau as receiving office.
  • A PCT international application may be made in any one of the languages accepted by the receiving office.
  • For Indian Patent Office as receiving office, the PCT international application may be filed in Hindi or English. However, the PCT international application in Hindi should be filed with a verified English translation.

Contents of the PCT international Application

  • A request (Form RO101) made in paper or electronic form.
  • A description.
  • One or more claims
  • One or more drawings (if required)
  • An abstract.

Contents of the request

  • A petition that the PCT international application be processed according to the PCT.
  • A title of the invention.
  • Declaration of inventorship.
  • Details of priority.
  • Designation of jurisdictions in which the applicant wishes to seek protection.
  • Indication of a competent International Search Authority (ISA).

List of competent ISAs for an Indian Applicant

  • Indian Patent Office (IN)
  • Austrian Patent Office (AT)
  • Australian Patent Office (AU)
  • European Patent Office (EP)
  • China Intellectual Property Office (CN)
  • United States Patent and Trademark Office (US)
  • Swedish Patent Office (SE)

Fee

A PCT international application is accompanied generally accompanied by three types of fee:

  • An international filing fee.
  • A search fee.
  • A transmittal fee.

Detailed schedule of fee can be found on WIPO’s website as given by link below.(http://www.wipo.int/export/sites/www/pct/en/fees.pdf)