Pct Filing in India

National Phase Entry of PCT Application:development of each other. However there would
All PCT Applications designating India arenot be any relaxation in payment of fees.
considered as Indian Patent Applications filed onIn case of PCT application request for
the date of the International Application. TheExamination has to be filed within 48 months
period for entering into national phase is 31from the date of priority.
months from the priority date.After a request for examination is filed and the
Following are the basic requirements for entry intoApplication has been published in the Patent
National Phase in India:Journal, the Controller ordinarily assigns the
(i)       Application setting out the title of theApplication to an Examiner within one month of
invention, names, addresses and Nationality of therequest. The Examiner will examine the Application
inventors; applicants.and issue an Official Report to the Controller
(ii)      Complete specification as filed beforeordinarily within one month but not exceeding
the International office with claims, drawings andthree months. The Controller shall then
abstract. If the application is filed in a languagecommunicate the report to the Applicant ordinarily
other than English language then a certified Englishwithin one month. An application is examined for
translation of the same.the following matters:
(iii)     Prescribed Fees in cash/by local cheque(i)       Novelty,
by demand draft. (ii)      Obviousness,
Once the national processing has started, the(iii)     Utility,
following documents have to be furnished either(iv)     Patentability under the Patents Act,
along with the Application or within the stipulated1970 and as amended, and
time frame:(v)      Anticipation.
(i)       Assignment deed where the applicantThe Applicant is provided 12 months' time to
is not the inventor,respond to the issues raised in the Examination
(ii)      Declaration of inventorship by thereport, without any extension whatsoever. Once
Applicant,objections are satisfied, the application is accepted
(iii)     Statement and undertaking regardingby the Controller and, thereafter, an intimation for
status of corresponding Applications in otheracceptance is issued by the Patent Office and
countries every six months,after disposal of any pre grant opposition and
(iv)     Power of Attorney to agent (dulypassing of six months from date of publication.
stamped), 
(v)      Copy of PCT/IB/304 or PriorityAfter expiration of six months from the date of
document. If priority document is in any languagepublication and disposal of any pre grant
other than English an English translation of theopposition, Grant of the Patent will be published in
same along with certification in support of thethe Patent Journal and a Letter Patent Document
same.shall be issued.
(vi)     International Search Report Grant of Patent is valid for 20 years from its
(vii)    International Preliminary Examinationdate of International filings. It must be renewed
Report, if any.every year by paying prescribed fee starting
At the time of national phase entry, amendmentsfrom the third year from the year of filing of
to the International Application can be made, butInternational Patent Application within three
such amendments cannot go beyond themonths of such intimation. After a Patent has
disclosure made in the original Application. Nobeen granted, articles manufactured under the
extraneous or new matter is to be added.patented invention may be represented as
It is possible to file a complete specification in"Patented.'' The number of the Patent must be
respect of two or more provisional specificationsindicated on the product.
if the invention disclosed in them is cognate or