PCT Application Filing From India
A patent application, claiming priority from a prior Indian patent application, can be filed globally through the PCT Route with the International Bureau WIPO, within 12 months of the Indian filing.
A patent application filed under the PCT or Patent Cooperation Treaty, which is a multilateral treaty and administered by the International Bureau (IB), of World Intellectual Property Organization (WIPO) , is called an international application, or PCT application.
The PCT system helps applicants to go global while still having the flexibility to decide as to which contracting countries of the Patent Cooperation Treaty System, they wish to prosecute the application in the national phase stage.
Patent Applicants seeking global protection for their inventions, can file one International Patent application under the PCT and get access to protecting their invention in 148 contracting member countries worldwide. The advantage of filing an PCT international application under the Patent Cooperation Treaty is that an applicant gets 30 or 31 months to decide taking the application into the national phase for the targeted contracting member country. This not only results in costs savings but also allows applicants enough time to research the different markets, identify if the invention is commercially viable and which all countries it should be protected.
Procedure for Filing a PCT Application from India:
- PCT International Patent Application may be filed directly with International Bureau (IB) or with the Receiving Office (RO).
- International Search:
An International Search Report (ISR) and Written Opinion (WO) on the patentability of the subject matter disclosed in the invention is established by one of the International Searching Authorities (ISA).
- International Publication:
PCT International Application along-with the ISR is published by the IB of WIPO
- Supplementary International Search (Optional):
Supplementary searches identifies published documents which may not have been searched by the ISA because of the diversity of prior art in different languages and different technical fields.
- International Preliminary Examination (Optional):
International Preliminary Examining Authority at applicant’s request carries out an additional patentability analysis, after international publication, usually on an amended version of application.
International Publication: International publication takes place after the expiration of 18 months from the priority date.
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