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PCT filing is established by the patent cooperation treaty in order to provide a platform to file an international application in all the designating states. PCT filing system benefits an applicant to avoid the expressive, cumbersome steps of filing. By filing a PCT application one can protect their invention in all the designated countries. However, patent cooperation treaty does not grant a patent, it's only a platform to file an application to all the designated countries without having to worry about filing in each and every country separately.
An inventor or applicant can obtain a patent in a country by filing an application at the national phase level within the given time period. In most of the country the time period for entry into the national phase is 30 to 31 months, except in LU, TN and UG. A PCT application can be filed either by e-filing or by directly submitting the hard copy of the application at the receiving office. From the opinion of the International Search Report and International Preliminary report available through PCT, an applicant can easily decide on whether to proceed in the nation phase or not. This serves as a great savoir of the inventors and applicants as it saves an expensive amount which would have incurred by filing a non-productive patent application.
The filing requirements of a pct application are :
- PCT Request Form
- PCT Declaration
- 3 set of Patent specifications
- 3 sets of Drawings
- Prescribed fees for the receiving office
- Prescribed fees for the International Searching Authority and International Bureau in terms of Dollar.
- Filing of a Demand (optional)
Services in India
The following services are provided to both Domestic and Foreign Applicants for filing a PCT application:
- Online preparation of PCT request Form
- Preparation and execution of PCT declaration
- Preparation for filing and formatting according to PCT Rules
- Filing of the application in the Receiving Office
- Follow up and reporting to the applicant with the Filing receipt.
- Preparation and Filing of Demand Form
- Reviewing the International Search Report (ISR) and providing opinion
- Reviewing the International Preliminary Examination Report and providing opinion
- Amendment of the Claim under Article 19 at the PCT level
- Amendment of claims and specifications under Article 34 at the PCT level
- Amendments of the application under Article 26 at the PCT level