PCT NATIONAL PHASE FILING IN INDIA

When a PCT international application is made designating India, an applicant can file a national phase application in India within 31 months from the international filing date or the priority date, whichever is earlier. PCT NATIONAL

The PCT national phase application is filed in Indian Patent Office along with Form-1 for providing details of the international application entering the national phase. The title, description, drawings, abstract and claims as filed with the PCT international application are taken as the complete specification for the PCT national phase application. Further, if the PCT international application includes any amendments under Article 19 or Article 34 of the PCT, such amendments are taken as the complete specification for filing the PCT national phase application in India. However, the applicant, while filing such application (including amendments) on Form-1, may delete a claim in accordance with Rule 14 of the Patent Rules, 2003. When the PCT international application is not filed or published in English, a translation of the PCT international application or any other document is submitted along with the PCT national phase application and verification of the translation of documents is also submitted. A request for amendment of the specification filed with the PCT national phase application may be made in Form-13, along with the application. The claims fee is calculated on the basis of the number of claims contained in the PCT international application at the time of national phase entry including amendments under PCT Article 19 or 34. The applicant must file a statement on Form-3 concerning any corresponding applications filed in other countries within six months from the date of entry into the national phase. Further, if the PCT international application contains one or more nucleotide and/or amino acid sequences, then the sequence listing must be furnished in the electronic form along with the PCT national phase application.

Forms to be filed:

Form 1: Application for grant of patent

Form 2: Provisional/ Complete Specification

Form 3: Statement and undertaking under section 8

Form 5: Declaration as to inventorship

Form 18: Request/ express request for examination of application for patent

Form 26: Form of authorization of a patent agent/ or any person in a matter or a proceeding under the act

Further, Form-18A may optionally be filed, instead of Form 18, for expedited examination of the PCT national phase application, if India has been indicated as the competent International Searching Authority (ISA) or elected as an International Preliminary Examining Authority (IPEA) in the corresponding PCT international application.

The fee for filing of the patent application varies as per requested services, contents of the specification (provisional or complete) and status of the applicant (natural individual, start-up, small entity, other than small entity). Further, 10% additional fee is payable when the patent application is filed through physical mode i.e. in hard copy format. The detailed breakup of the fee can be obtained from a fee schedule published by the Patent Office. (http://www.ipindia.nic.in/writereaddata/Portal/IPOFormUpload/1_11_1/Fees.pdf)