How to file pct application in India?
Patent Cooperation Treaty (PCT) provides the ease to the patent applicants across the globe to file patent in India under national phase within 31 months of the priority date of the first patent application. Where India is the Receiving Office to receive the PCT international patent application, the competent receiving office in India would be the address of service of the patent law firm representing the patent client before the Indian Patent Office.
As per provisions of the Indian Patent Laws and procedures followed by the Indian Patent Office for PCT patent applications, patent applicants can file an application under the PCT, directly or within the 12-month period provided for by the Paris Convention from the filing date of a first application, which is valid in all Contracting States of the PCT. Effectively, due to the advantages provided by the PCT, the granting of patents remains under the control of the national or regional patent Offices under the “national phase” of PCT.
Prior to filing a PCT National Phase Patent Application in India, patent applicants are required to file a PCT international application in a Receiving Office (RO), and subsequently an International Patent Search is conducted by an International Searching Authority (ISA) along with an International Preliminary Examination by an International Preliminary Examining Authority (IPEA). Essentially, each international application is subject to international search by an International Searching Authority (ISA) and in addition, the patent applicant can opt for international preliminary examination by an International Preliminary Examining Authority (IPEA).
After conducting the International Patent Search, the ISA establishes International Search Report (ISR) which identifies the published patent documents and technical literature (“prior art”) which may have an influence on whether the invention is patentable. Moreover, ISA also establishes Written Opinion of Search Authority (WOSA) on the invention’s potential patentability, which may be referred to by the one or more patent offices to examine the patent application after the PCT National Phase entry.
After the end of the PCT procedure, either after international search or after international preliminary examination and before 30/31 months from the priority date, applications for the grant of patents can be filed before the national (or regional) patent offices (including Indian Patent Office) of the countries in which patent protection is desired. In India, the filing procedure, fee and processing are as per the requirements of national law relating to patents in India and the filing date is the international filing date in all such countries, including India.
While filing a PCT National phase application in India, the applicant has to file a national phase application in India before the expiry of 31 months from the priority date of the application. In use, the international application as filed under the PCT is treated as corresponding patent application in India.
Applicants interested in filing International PCT Application before the Indian Patent Office shall file the request (Form PCT/RO/101) accompanied by description, claims, abstract (and drawings if required) of the invention in English or Hindi, whereby the international application has to be filed in triplicate. Accompanying the PCT filing documents, the applicants are required to pay the requisite fees, including the Transmittal fee, International Filing Fee and Search fee (all fee to be paid within one month from the date of receipt of the international application).
Once the patent office receives an International PCT Patent Application, it acts as the Receiving Office India (RO/IN), and accords as the international filing date the date of receipt of the international application. Once an international filing date is allotted, the Indian Patent Office inspects the patent filing documents to ensure that:
(i) the applicant is a resident/national of India
(ii) the international application is in English or Hindi,
(iii) the international application contains at least the following elements:
(a) an indication that it is intended as an international application,
(b) the designation of at least one Contracting State,
(c) the name of the applicant, as prescribed,
(d) a part which on the face of it appears to be a description,
(e) a part which on the face of it appears to be a claim or claims.
As per patent procedures and patent laws in India, the International Filing Date is considered to be the actual filing date in each country designated in the Request Form of PCT international patent application.
Patent applicants and inventors who wish to protect their idea by way of patents formulate various strategies to create and develop valuable patent portfolio. Based on technology sectors, target markets and scope of business, patent protection can be sought in India and outside India by exploiting our extended network of foreign patent attorneys to file patents in countries around the world through the Patent Cooperation Treaty (PCT applications).
As it is well known to patent applicants, PCT applications are used to establish a priority right for your patent and allow the applicants to delay their decision regarding international patent protection.
Patents Utility patents protect your invention’s features and functions and can be filed as provisional or non-provisional patent applications. Utility patents (provisional and non-provisional) protect the functional aspects of your invention. Utility patents prevent others from making, using, selling, offering to sell or importing into the US competing goods or services that would violate the scope of protection. Utility patents protect inventions that are new and not obvious in light of the existing state of the art. A utility patent can be directed to any manufactured good or industrial process.
Patent attorney Rahul Dev works closely with clients worldwide and assist them in filing patent application in India and subsequent patent prosecution in India. We help companies investing in R&D (research and development) and provide support to in-house patent counsels and outside counsels in patent application and prosecution in India for invention originated from PCT International Phase.
We also work with clients to create IP, including IP harvesting, IP training, disclosure submission, patent committee management, conducting freedom to operate (FTO) review, IP landscape review, patent analysis etc.
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Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter
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Top rated and highly experienced patent lawyers in New York can be found by searching USPTO database or by reviewing patent law firms comprising patent attorneys (patent agents) registered to practice before USPTO. Inventors in New York can personally interview multiple patent lawyers before selecting the patent attorney best suited to address their needs. Clients can also explore cities in the vicinity of New York, including, Brooklyn, Cedarhurst, Elizabeth, Garden City, Flushing, Bronx, Jamaica, Staten Island, Hackensack etc. and can also research patent attorneys practicing related areas, like Intellectual Property, Copyrights, Trademarks, Trade Secrets, Cyber Laws, Technology Laws, and the like.
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Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter
Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech)
Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management
Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.
Law office of Rahul Dev is a niche technology and research based law firm focusing on next generation business and legal issues faced in India and outside India during international business and cross-border technology transactions. We assist our clients in close collaboration with our associates and counsels within India and outside by providing custom engagement models to address our client’s needs.
Practice areas include drafting and filing patent applications, patent prior art searches, patent prosecution, patent filing in India, PCT national phase entry in India, PCT international applications with WIPO, freedom to operate searches, patentability analysis and patent strategy to create a valuable patent portfolio.
Patent attorney Rahul Dev works with clients providing expert legal services in the field of innovative pharmaceutical products, branded drugs, generic drugs, molecular biology, immunology, cell biology, regenerative medicine including ESCs, iPSCs, pSCs, diagnostics, therapeutics, theranostics, drug delivery systems, host-vector systems, high throughput screening, bioinformatics, diagnostic imaging, ancillary services (PET, CT, MRI, ultrasound, greenlight, lithotripsy, radiation therapy, cyber-knife, nuclear camera, clinical lab, pathology, physical therapy and dispensing prescriptions).
Patent attorney and technology lawyer Rahul Dev works closely with USPTO licensed patent attorneys to assist clients with patent reexaminations, patent prosecution, drafting USPTO office action responses, patent infringement litigation, patent claim mapping and patent licensing. For international patent filings, we have an established network of global patent attorneys to provide reliable and cost effective services to our clients.