Entry into National Phase

The national phase is second of two main phases of PCT procedure. The national phase starts only if applicant files applications in each country of choice (the "designated Office") just as a usual application would be filed, either before expiration of time limit or together with an express request that it start earlier. The applicant has sole responsibility for performing act in due time. The consequences of failure to do so are fatal to application in most designated States. In each such designated State international application has effect of a national (or regional in case of regional offices) application as from international filing date, and decision to grant

Advantages of PCT System

The PCT system allows applicants to file a single patent application in one country and for up to 30/31 months retain option of filing a corresponding application in a large number of other countries of interest. The PCT system can therefore be thought of as an extension of time for filing patent applications world wide at substantially reduced prosecution costs. Furthermore, one can usually tell from International Search Report and Written Opinion, what chances are of obtaining patent protection in other countries. If there appears to be no prospect of obtaining a patent, international application can be abandoned whereby applicants lose only cost of filing a PCT application instead of a much greater cost of filing applications in every other countries of interest. Also, applicants get 18 months more to test market to determine whether to proceed with patent applications and indeed to raise capital to fund filing of regional/national phase applications. PCT National Phase Entry in India On September 7, 1998 India (country code: IN) deposited its instruments of accession to Paris Convention for Protection of Industrial Property and to Patent Cooperation Treaty. Since December 7, 1998, it has been possible to designate India in PCT applications and to elect India in demand for preliminary examination. If India is a designated country in PCT application and is also elected in demand for preliminary examination filed within 19 months of priority date, then deadline for entry into National Phase in India is 31 months from Priority Date. If applicant does not so elect India in demand for preliminary examination, then deadline for entry into National Phase in India is 21 months from Priority Date. Therefore, all applicants who have designated India in their PCT application filed on or after December 7, 1998, will be able to file PCT National Phase applications in India.

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