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Sunday, October 26, 2008

PCT FILING INDIA

National Phase Entry of PCT Application:
All PCT Applications designating India are considered as Indian Patent Applications filed on the date of the International Application. The period for entering into national phase is 21 months if India is designated or 31 months if India is designated as well as elected; from the priority date.Following are the basic requirements for entry into National Phase in India:
(i) Application setting out the title of the invention, names, addresses and Nationality of the inventors; applicants.(ii) Complete specification a filed before the International office with claims, drawings and abstract.(iii) Prescribed Fees in cash/by local cheque /by demand draft.(iv) Translation of International Application if the Application is not filed in English.Once the national processing has started, the following documents may be furnished:
(i) assignment deed where the applicant is not the inventor, (ii) Declaration of inventorship by the Applicant,(iii) Statement and undertaking regarding corresponding Applications in other countries,(iv) Power of Attorney to agent (duly stamped),(v) Verification of translation,(vi) Copy of Priority document (if not already filed with International Bureau or if not filed in English),(vii) International Search Report(viii) International Preliminary Examination Report.
At the time of national phase entry, amendments to the International Application can be made, but such amendments cannot go beyond the disclosure made in the original Application. No extraneous or new matter is to be added.
It is possible to file a complete specification in respect of two or more provisional specifications if the invention disclosed in them is cognate or development of each other. However there would not any relaxation in payment of fees.
In case of PCT application request for early Examination may be filed any time prior to 31 months from the date of priority.
After a request for examination is filed, the Controller ordinarily assigns the Application to an Examiner within one month of request. The Examiner will examine the Application and issue an Official Report to the Controller ordinarily within one month but not exceeding three months. The Controller shall then communicate the report to the Applicant ordinarily within one month. An application is examined for the following matters:
(i) Novelty,
(ii) Obviousness,
(iii) Utility,
(iv) Patentability under the Patents Act, 1970 and as amended, and
(v) Anticipation.
The Applicant is provided 12 months' time to respond to the issues raised in the Examination report, which period is not extendible. Once objections are met, the application is accepted by the Controller and, thereafter, is advertised in the Official Gazette for opposition, if any to the grant.When the period for Opposition has expired or where the Opposition is decided in favor of the Applicant, the Patent will be granted in favor of the applicant. Once a patent is granted, it is valid for 20 years from its date of filing. It must be renewed every year by paying prescribed fee. After a Patent has been granted, articles manufactured under the patented invention may be represented as "Patented.'' The number of the Patent must be indicated on the product.

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