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Tuesday, July 3, 2012

New PCT national phase Application filing requirements in India

Vide public notice no. 15 of 2012 dated July 2, 2012, the Controller General has simplified process of filing of PCT national phase Applications in India. These directions would come into force from July 6, 2012 and would do away the redundant process of filing multiple documents that are available at IB. This is applicable only for PCT national phase filing that do not claim priority from any earlier PCT national phase application filed in India

The following change would come into force:
1. Along with Form 2 (having 1-3 columns) only the signature sheet of claims need to be filed.
2. For such application the Column 7 and 8 of the Form 1 are not required to be filled in.

Indian Patent office would not allow any amendment before entering national phase in India and would take details of Application as available on records of the IB Therefore any amendment (not reflecting on record of IB) has to be carried out after entering national phase in India.

However, where the international application was either not filed or has not been published in English, the English translation along with verification has to be filed in the Indian Patent Office.


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