National phase pct application in india
Procedures for National Phase PCT application in India.
Published on: Mar 3, 2016
Transcripts - National phase pct application in india
Patent Cooperation Treaty (PCT)The PCT is an international agreement that helps to simplify the process of filing patentapplications in several countries. PCT has been administered by WIPO (World IntellectualProperty Organization). As on 1 May 2011, the WIPO recorded a total of 143 contracting statesto the Patent Cooperation Treaty (PCT).The PCT application has two phases: International and National. The National Phase followsthe International Phase and consists of processing the application in the Patent Office ofspecific countries following the same procedure as processing a national application in India.National Phase of PCT Application in India:Within 31 months from the priority date, the application enters the National Phase.The National Phase of a PCT Application resembles a national filing in a respective country.The decision to grant patent protection in a particular country ultimately rests on the PatentOffice of that country. However, filing of PCT application is much simpler than filing ofnormal national application since most of the formal requirements are resolved in theinternational phase itself. Also, the national examiners most often follow the Search Reportconducted in the International Phase.Before entering the National phase, the applicant must furnish the following documents: • Furnishing of a translation (in English). Required contents of Translation are: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract • A copy of the international application is required only if the applicant has not received Form PCT/IB/308 and the Patent Office have not received a copy of the international application from the International Bureau under PCT Article 20.Other Documents required by the Office: • Name, address and nationality of the inventor if they have not been furnished in the “Request” part of the international application • Instrument of assignment or transfer where the applicant is not the inventor • Document evidencing a change of name of the applicant if the change occurred after the international filing date and has not been reflected in a notification from the International Bureau (Form PCT/IB/306) • Declaration of inventorship by the applicant • Address for service in India (but no representation by an agent is required)____________________________________________________________________________ TeleFax No: 91-80-42173649, Email: firstname.lastname@example.org Web: www.intepat.com
• Power of attorney if an agent is appointed • Verification of translation. Verification consists of a simple statement by the Applicant or his agent that the translation is correct and complete. • International application or translation to be furnished in two copies • Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form • In case there are corresponding applications in other countries, the applicant must file within six months from the date of entry into the national phase, a statement concerning any corresponding applications filed in other countries. The statement must be made on Form 3.Where to file a National Phase PCT Application in India:The application can be filed at any of the four Patent Offices located at Delhi, Kolkata, Chennaior Mumbai, depending on the domicile, business or place of the Applicant. If the applicant forthe patent has no business, place or domicile in India, the appropriate Patent office will be theaddress of service in India. For example, patents can be filed at the Chennai Patent Officewhere the address for service would be Intepat IP, Bangalore.Patent Procedure in National Phase:Publication: Every patent application is published after 18 months from the date of filing. Arequest for earlier publication can be made in Form 9 along with a fee of Rs. 10,000. Oncepublished, the application is deemed to have entered the public domain.Request for Examination: An Applicant should file Request For Examination (RFE) within 48months from filing. The Controller forwards the documents to the Examiner within a monthfrom the date of publication or one month from RFE, whichever is later. Within a period of 3months from the time of receiving the documents from the Controller, the Examiner establishesthe patentability report. The Controller forwards the Report (also known as First ExaminationReport, FER) to the applicant or his agent within 6months from the date of publication or fromthe date of RFE, whichever is later. An applicant has to comply with the requirements imposedon him within a period of 12months from the date on which the FER is forwarded to him, elsethe application is deemed to have been abandoned.Grant of Patent: After the instructions/ objections of the Controller are complied with, theapplication along with the complete specification will be published in the Patent Journal. Theapplication is open to opposition for a period of 4 months or for such further period asprescribed. If no oppositions are filed or if the opposition is successfully overcome, theapplication will proceed for grant of patent.Fees:The official fee for filing a PCT Application is US$350 – 500 approximately. Intepat IPServices provides a host of IP related services, including the filing of PCT Application in India.____________________________________________________________________________ TeleFax No: 91-80-42173649, Email: email@example.com Web: www.intepat.com
Please feel free to contact us at firstname.lastname@example.org, in case any queries.____________________________________________________________________________ TeleFax No: 91-80-42173649, Email: email@example.com Web: www.intepat.com