What are the timelines and requirements to file a National Phase application In India?
What is PCT Application
The Patent Cooperation Treaty (PCT) is an international patent law treaty. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application.
What is a National Phase Application?
A PCT application does not itself result in the grant of a patent, since there is no such thing as an “international patent”, and the grant of patent depends on each national or regional authority.
In other words, a PCT application, which establishes a filing date in all contracting states, must be followed up with the step of entering into national phases to proceed towards grant of one or more patents.
The PCT procedure essentially leads to a standard national or regional patent application, which may be granted or rejected according to applicable law, in each jurisdiction in which a patent is desired
The patent applications which are filed in individual contrasting countries of PCT is generally referred as “National Phase Application”
Timeline to enter into India
- National Phase application in India can be filed within 31 months from the earliest priority date of the PCT application.
- India doesn’t allow any time extensions beyond 31 months
Requirements/Documents required to be filed
Below documents need to be submitted while filing National Phase application in India
- Form 2: Complete specification, as filed copy of the PCT including figures, claims etc.
- Form 1: Application for Grant of Patent
- Form 5: Declaration as to Inventorship
- Form 3: Statement and Undertaking. Information of other country filings
- Form 26: Power of attorney
- Prof of right, if available
Language:
- Indian patent office accepts national phase application in either English or Hindi language, however, English is highly preferred language
- In addition, if the priority PCT document is not in English, an English translated priority document should be filed before 31 months from the priority date of the PCT application
Can I amend the specification or claims before filing?
- While entering the national phase in India, applicant is not allowed to amend any part of the application.
- The National Phase application should be as filed copy with the PCT application
- Any amendment whether in claims or specification can be filed by submitting Form 13 after filing the national phase application in India
Fee
Fee to be paid to the Indian Patent Office would be calculated based on
- Who the applicant is? and
- Number of pages/sheets and number of claims available in the PCT publication
Indian Patent office categorized applicants into 4 types
- Natural Person
- Other than Natural person – Start-up
- Other than Natural person – Small Entity
- Other Than natural person – Other than small entity (Corporates, big companies etc.)
Below table summarizes fee to be payable to the Indian patent office (e-filing)
| Activity | Fee | ||
| Individual/Startup | Small Entity (SME) | Other than small entity (Corporates, Companies etc.) | |
Patent Filing Each page in addition to 30 Each claim in addition to 10 | $ 25 $ 3 $ 5 | $ 62 $ 7$ 13 | $ 124 $ 13 $ 25 |
The final fee to be paid to the Indian patent office may vary as it depends on exchange rates.
For easy conversion, we have considered 1USD = INR 65
At IMMUNIS IP, we have team of patent attorneys and agents with all technical backgrounds. And possess decade of experience in handling National Phase applications and prosecuting them at Indian Patent office. For any information/assistance, please reach us at info@immunisip.com
Recent Posts
Categories
Address
-
Corporate Office:
221 W 9th St, Wilmington, Delaware 19801 -
India Address:
#803, 8th Floor, Manjeera Majestic Commercial, Near JNTU, Kukatpally, Hyderabad, Telangana 500085.
Locations
Copyright © 2023 IMMUNIS IP. All Rights Reserved. Build with 
by Digital GYB