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PCT National Phase

Patent Cooperation Treaty also refers to as PCT provides a platform for filing only one application which will be protected to all its designated countries for a period of time. The main purpose PCT is to solve all the cumbersome steps of filing and prosecution in different countries separately. One application which is filed through PCT will be enter to all the designated countries under PCT.

However, filing a patent through PCT does not guarantee a patent protection in all those country. It is just a platform to file patent which benefited the applicants by reducing cumbersome steps of filing separate application in different countries. Filing through PCT tremendously save the expenditure of filing since it does not have to file application in different courtiers to claim priority by following different timelines. The time line for entry into National phase entry for most of the country is 30/31 months other than TN, LU and UG. In order to extend the timeline from 20 months to 30 months, the applicant has to file the PCT Demand with nineteen months from the date of the filing of the application.

PCT National Phase Filing India

India became a designated country of the Patent Cooperation Treaty from December 7, 1998. The patent systems of India, therefore also follow the rules prescribed by PCT. The timeline for filing an application in India in national phase is 31 months. There is no extension available for beyond this timeline. The documents requires to submit for filing in India are :
  • PCT request form
  • Published PCT application
  • ISR report
  • Power of authority
  • Demand form, if filed
  • Amended claims
  • Declaration of inventors-form 5
  • Form-3 detailing foreign filings of the equivalents

The patent application filed through national phase is published immediately after filing and the examination has to be made before the 48 months from the date of filing. Expressed examination is possible in national phase application but it is possible only after the publication of the patent application. The rest of the rules are as similar to the rules set for Indian applications.

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