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National Phase in India

The national phase is a national agreement for filing patent applications in India, which has come into compel to permit to file a patent application under the treaty, so in the country invention is protect simultaneously without losing the rights of precedence. The main advantages of national phase are cost effective way of protecting patents in the country, national protection of invention via a single patent application and extended time to take decision to pursue the applications in the country. In addition, the applicant can take decision to withdraw his application based the national search report in India and, the applicant can improve his application during preliminary examination, before proceeding to national phase application.

PCT National Phase entry in India

To entry of PCT national phase in India follow below steps:
  1. The step involved in national phase entry in India is filing an application at receiving office by the applicant.
  2. The national search of application by a national Search Authority in India.
  3. Issuance of national search report along with written opinion in India.
  4. National bureau is published application.
  5. The request for a national introduction examination entering into national phase application.

After the receipt of national search report and written opinion by the applicant and if the search report and written approach are not in favor for patentability then the applicant may decide to withdraw his application.

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