14. PCT National Phase application in India

14. PCT National Phase application in India

Table of Contents

When you file an International patent application via PCT Unlike the convention application, your international patent application is valid for all 153 member countries that are signatory to PCT. and here you have about 30 to 31 months of time to decide whether to enter into the national phase of the country of the interest.

There are 2 Stages for a PCT application :

  • International Phase
  • National Phase

National Phase PCT Application in India

Within 31 months from the earliest priority date, The PCT National Phase application enters into Indian National Phase.

The list of documents that are required for PCT National Phase application in India are:

  • Name, address, and Nationality of Applicants and inventors.
  • PCT Application number.
  • Priority application number, date of filing, and country
  • Assignment deed
  • Translation in English (2 copies)
  • A copy of the international application (if a copy is not received by the patent office )
  • Declaration of inventorship by the applicant

The PCT National Phase application can be filed at any of 4 patent offices. from Mumbai, Delhi, Chennai, or Kolkata. the selection of the patent office depends on the place of residence or business. If the applicant has no address in India then the address of the service provider can be considered for selecting the appropriate office for filing.

Procedure for the National Phase PCT Application in India

Publication of application : 

Every patent application would be published upon expiry of 18 months from the date of filing if desired form 9 can be filed for the early publication of the patent application.

Request for Examination (RFE) :

The request for examination needs to be filed within 48 months from filing.

First Examination Report (FER) :

The first examination report is forwarded by the controller to the applicant or patent agent representing the applicant. The applicant needs to reply with the required changes/ updates as per FER within 12 months from the date of which FER is forwarded.

Grant of Patent:

Once the patent application is updated as per the examination report and found to be meeting all patentability criteria, it will proceed for the grant of patent.

Cost of National Phase PCT Application in India

The official fees for a patent application depend on who the applicant is. An individual, startup, small entity, or other than a small entity.

NoDescription 
Natural Person

 

(Individual inventors)

Other than Natural person (companies)Comment
Small EntityOther than a small entity
1Filing National Phase Application in IndiaUSD 27

 

or

(Rs. 1600)

USD 68

 

or

(Rs. 4000)

USD 134

 

or

(Rs. 8000)

Mandatory
2Early publication feeUSD 41.7

 

Rs. 2500

USD 104.2

 

Rs. 6250

USD 208.4

 

Rs. 12500

Optional
3Request for examination of patent applicationUSD 68

 

Rs. 4000

USD 167

 

Rs. 10000

USD 333.4

 

Rs. 20000

Mandatory
4For every Extra sheet over 30 sheetsUSD 2.7

 

Rs. 160/sheet

USD 6.7

 

Rs. 400/sheet

USD 13.5

 

Rs. 800/sheet

Mandatory
5For every Extra claim over 10 claimsUSD 5.4

 

Rs. 320/claim

USD 13.5

 

Rs. 800/claim

USD 26.7

 

Rs. 1600/claim

Mandatory

Note: the USD amounts are approximate and considered as per 1USD = 60 INR conversion rate.

If you have such requirement of national phase patent application, we can discuss it over a short call and see if it has any potential to move further.

You may schedule a free discussion with experienced patent agent / attorney for your invention (innovative idea) here at My patent requirement discussion  .

Contact: +91 8055563001            My Patent Requirement             contact@patentinindia.com

Prasad Karhad
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