PCT Application National Phase Entry:
All PCT applications designating India are considered to be Indian patent applications filed on the date of the international application. The term to enter the national phase is 31 months from the priority date.
The following are the basic requirements to enter the National Phase in India:
(i) Application that establishes the title of the invention, names, addresses and nationality of the inventors; applicants.
(ii) Complete specification as filed with international bureau with claims, drawings, and abstract. If the application is submitted in a language other than English, then a certified English translation of the application.
(iii) Prescribed Fees in cash/by local check/by demand draft.
Once the national process has begun, the following documents must be provided together with the Application or within the stipulated period:
(i) Deed of assignment when the applicant is not the inventor,
(ii) Declaration of inventor status by the Applicant,
(iii) Declaration and commitment on the status of the corresponding Requests in other countries every six months,
(iv) Power of attorney for agent (duly stamped),
(v) Copy of PCT/IB/304 or Priority Document. If the priority document is in any language other than English, an English translation of it along with supporting certification.
vi) International search report
(vii) International Preliminary Examination Report, if any.
At the time of entry into the national phase, modifications may be made to the International Application, but such modifications may not go beyond the disclosure made in the original Application. No foreign or new matter shall be added.
It is possible to present a complete specification with respect to two or more provisional specifications if the invention disclosed in them is related or develops from each other. However, there would be no relaxation in the payment of fees.
In case of PCT application, the application for examination must be filed within 48 months from the priority date.
After an application for examination is filed and the application is published in the Patent Journal, the controller typically assigns the application to an examiner within one month of filing. The Examiner will examine the Application and issue an Official Report to the Controller normally within one month, but not to exceed three months. The Controller will then communicate the report to the Applicant normally within one month. An application is examined for the following matters:
(i) Novelty,
(ii) Obvious,
(iii) utility,
(iv) Patentability under the Patent Act of 1970 and its amendments, and
(v) Anticipation.
The Applicant has 12 months to respond to the issues raised in the Inspection Report, without any extension. Once the objections are met, the Controller accepts the application and thereafter the Patent Office issues a notice of acceptance and after the removal of any pre-grant opposition and the lapse of six months from the date of publication.
After the expiration of six months from the date of publication and removal of any pre-grant opposition, the patent grant will be published in the Patent Journal and a Letter Patent Document will be issued.
The patent grant is valid for 20 years from the international filing date. It must be renewed every year by paying the prescribed fee from the third year from the year of filing of the International Patent Application within three months after such notification. After a Patent is granted, items made under the patented invention may be represented as “Patented”. The Patent number must be indicated on the product.
