NationalPhase Entry of PCT Application:

All PCT Applications designating India areconsidered as Indian Patent Applications filed on the date of the InternationalApplication. The period for entering into national phase is 31 months from thepriority date.

Followingare the basic requirements for entry into National Phase in India and are to becomplied within 31 months from date of priority date:

(i)       Applicationsetting out the title of the invention, names, addresses and Nationality of theinventors; applicants.

(ii)      Completespecification as filed before the International office with claims, drawingsand abstract.

(iii)  Englishtranslation of the International Application if filed and published in languageother than English.

(iv)     Certified copy of the priority document/s orForm PCT/IB/304

(v)    English translation of the priority documents,if filed and published in language other than English

(vi)     PrescribedFees in cash/by local cheque /by demand draft. 

Oncethe national processing has started, the following documents have to befurnished either along with the Application or within the stipulated timeframe:

(i)       Assignmentdeed where the applicant is not the inventor,
(ii)      Declaration of inventorship bythe Applicant,

(iii)     Statementand undertaking regarding status of corresponding Applications in othercountries,

Inrespect of following documents there is no-time frame but should be filedbefore putting the application in order of Grant or when demanded by theController or Examiner:

(i)       Powerof Attorney (duly stamped),

(ii)      InternationalSearch Report

(iii)     InternationalPreliminary Examination Report, if any.

At the time of national phase entry, amendments tothe International Application can be made, but such amendments cannot go beyondthe disclosure made in the original Application. No extraneous or new matter isto be added.

It is possible to file a complete specification inrespect of two or more provisional specifications if the invention disclosed inthem is cognate or development of each other. However there would not be anyrelaxation in payment of fees.

In case of PCT application request for Examinationhas to be filed within 48 months from the date of priority.

After a request for examination is filed and theApplication has been published in the Patent Journal, the Controller ordinarilyassigns the Application to an Examiner within one month of request. TheExaminer will examine the Application and issue an Official Report to theController ordinarily within one month but not exceeding three months. TheController shall then communicate the report to the Applicant ordinarily withinone month. An application is examined for the following matters:

(i)       Novelty,
(ii)      Obviousness,
(iii)     Utility,
(iv)     Patentability under the PatentsAct, 1970 and as amended, and

(v)      Anticipation.

The Applicant is provided 12 months' time torespond to the issues raised in the Examination report, without any extensionwhatsoever. Once objections are satisfied, the application is accepted by theController and, thereafter, an intimation for acceptance is issued by thePatent Office and after disposal of any pre grant opposition and passing of sixmonths from date of publication.

Afterexpiration of six months from the date of publication and disposal of any pregrant opposition, Grant of the Patent will be published in the Patent Journaland a Letter Patent Document shall be issued.

Grant ofPatent is valid for 20 years from its date of International filings. It must berenewed every year by paying prescribed fee starting from the third year fromthe year of filing of International Patent Application within three months ofsuch intimation. After a Patent has been granted, articles manufactured underthe patented invention may be represented as "Patented.'' The number ofthe Patent must be indicated on the product.