PCT National Phase Patent Application

PCT national phase patent application has to be filed in India after filing of PCT application in WIPO and within 31 months from date of priority and accompanied by a complete specification. The PCT National phase must be identical to the PCT Application (As amended and available on WIPO). However only deletion of claims is allowed. Any amendment in any of the details can only be made after national phase is entered into India. Where   

The basic mandatory requirements for filing a PCT national Phase patent application in India are as follows:

1.   Name, address, particulars and nationality of all the applicant/s  

2.   Name, address and nationality of all the inventor/s

3.   Complete specification in English along with certificate of translation

4.   Details of Priority Application i.e. Country, date of filing, Application no., title of invention, name of Applicant and IPC Code.

5.   Details of PCT Application i.e. date of filing, Application no., title of invention

6.      If small entity status or start up status is claimed, supporting documents in support of such status

Other filing requirements for PCT national phase Application in India:

1.      Power of authority (needs to be stamped with stamp fee in India, notarisation and legalisation not necessary)

2.      Declaration as to inventorship within 1 month of filing application.

3.      PCT/IB/304 Certified copy of Priority document to be filed within 31 months from priority date

4.      English translation of the Priority document along with certificate of translation and verification in support to be filed within 31 months from the date of priority

5.      Proof of right in favour of applicant from inventor in writing (assignment deed, employment agreement or any other arrangement) preferably notarised within six months from filing of application, where Applicant is different from the inventor/s.

6.       Details of all corresponding foreign application within 6 months of filing of application and/or within 6 months of filing of Patent application in any country outside India.