PCT refers to the Patent Cooperation Treaty, Under PCT there are 144 designated countries and under the signed treaty these countries are provided with the platform to file applications to all the designated countries by filing a single application. Such patent applications filed under PCT are also known as international application, though PCT does not grant any patent. For obtaining a patent in a particular country one has to file an application at the national phase level.
Filling a patent application benefits an applicant in saving time and cumbersome steps of filing patents in each and every country, therefore also save huge expenditure which will be cost on filling individual application in each and every country. Another benefit of filing a PCT application is that the search report and the written opinion provided by the International Searching Authority easily gives an insight about the patentability of the application. Therefore, the applicant can decide after the analyzing the patent status whether the application is worthwhile to file at the national phase or not. In case they want to proceed then in which country, so it is easier to make the patent filing strategy.
The applicant can file a PCT national phase application within the time period of 30/31 months from the date of filing of the priority application. The national phase entry for India is 31 months from the date of priority of the application. The documents which are require to submit in the patent office for a national phase entry in India are:
- Form-1, application for filing of an application
- Form-3, information and undertaking
- Form- 5, declaration of inventorship
- Copy of PCT application filed
- A Copt of the request form and declaration form
- ISR and written opinion
- Certified copy of the priority document
- Translated copy of the specification.
- Drawings, if any