The Patent Cooperation Treaty is a national agreement for filing patent applications in India, which has come in to force to permit to file a patent application under the treaty, so in the country invention is protect simultaneously without losing the rights of priority. The main advantages of PCT 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:
- The step involved in national patent applications is filing an application at receiving office by the applicant.
- National search of application by a national Search Authority.
- Issuance of national search report along with written opinion.
- Publication of application by the national bureau.
- Request for a national preliminary examination entering into national phase application.
After the receipt of national search report and written opinion by the applicant, if the search report and written opinion are not in favor for patentability then the applicant may decide to withdraw his application.