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Deadline for the PCT national phase entry in India
The Indian national phase entry deadline is 31 months from the priority date. The extension of this term is not possible in India.
Filing requirements in India
The official language of the PCT application in India in English and Hindi. To obtain the date of filing, a patent application in India should contain:
– details of the priority claim: application number, date, and country.
– details of the inventor(s) and applicant(s), i.e., nationality, complete address(es)and name;
– complete specification including claims, description, abstract and drawings in English or Hindi;
The time limit to submit the Priority Document is 31 months from the earliest priority date.
Power of Authority – The person should submit the POA at the time of national phase entry or within 3 months from receiving the corresponding notification from the Patent Office. Further, there no requirement of POA’s Legalisation or notarization.
If the applicant other than the inventor, a scanned copy of the Inventorship declaration(Assignment Deed), should be provided within 6 months from the filing date of a patent application in India.
Examination of a PCT national phase patent application in India
In India, Patent applications undergo formal and substantive considerations.The request for a substantive review of a patent application in India must be made within 48 months from the priority date.
Novelty grace period
As per the Indian legislation, the novelty of the invention is intact when the disclosure of the invention is within 12 months from the priority date.
Any disclosure by:
-Public working for reasonable trial only.
-Public display of the invention at an Industrial or other exhibition notified by the Central Government of India in the Official Gazette;
-previous communication to the Government to investigate the invention or its merits;
-the previous publication of complete specification when the matter was published without the consent of the true and first inventors or from any person having rights over the said complete specification;
Grant, validity term and maintenance fees
The validity of a patent in India is 20 years from the date of filing. The official grant fee is not predetermined. Once the registration procedure is complete, the annual maintenance of an Indian patent in force for the first 3 years. It can be done before the expiry of the 2nd year from the filing date/priority date. If the patent is granted later than 2 years from the filing date, it is possible to pay the annuities in an accumulated manner within 3 months of the grant. It is also mandatory to file the Commercial Statement for all granted patents by the 31st of March each year.
Duration of the registration procedure
In India, it takes 1-2 years from the national phase entry until the grant of the patent.
In India, it is not possible to obtain utility model protection.
Representation by a patent attorney
All foreign applicants require a registered India patent attorney/agent for performing PCT national phase entry. Further, for the foreign applicants, it is mandatory to provide the patent office with the Indian address for correspondence.
If you have any queries related to the PCT National phase entry in India, please contact IIPLA team. We will be more than happy to resolve your queries free of cost.
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