PCT National Phase Application in India can be filed by claiming priority from a PCT International Application.
Entering PCT National Phase in India is similar to filing a local patent application in India. The statutory timeline to file a PCT National Phase Application in India is within 31 months from the priority date.
PCT National Phase Application in India
In accordance with Indian Patents Act and corresponding Patent Rules, the International Filing Date is deemed to be considered as filing date in India for PCT National Phase Patent Applications.
Indian Patent Office (IPO) considers an application filed under PCT National Phase as a Convention Application filed under Paris Convention.
PCT National Phase Application in India: English translation of the patent application (as filed with WIPO) is required if international patent application is not filed in English language.
Indian patent laws mandate that all formalities for PCT National Phase Applications filed in India are similar to an ordinary patent that is filed in India.
Once a PCT National Phase Application is filed in India with the Indian Patent Office, the patent prosecution process doesn’t begin before the expiry of 31 months from the priority date. However, the patent applicants can fast track or expedite the patent process by filing a request for express examination, as explained here.
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