INDIA - PCT National Phase EntryWritten by P.M.George Kutty
PCT is acronym of Patent Cooperation Treaty. It is a sister Treaty of Paris Convention administered by World Intellectual Property Organization (WIPO). The PCT facilitates filing of patent applications under a single umbrella and provides for simplified procedure for search and examination of such applications. There are now over 125 signatory countries to PCT. From December 7, 1998, India is a member of Paris Convention. The PCT system is a very popular method of filing patent applications throughout world. Filing a PCT Application The PCT applications may be filed either in an approved Receiving Office or directly at International Bureau at WIPO in Geneva. The PCT applications usually claim priority from an ordinary patent application, but they may also be filed direct. On filing a PCT application, applicants must designate countries in which they wish to retain option to file a patent application. There is a fee per country designated up to first 5 and after that any number of further countries may be designated without fee. It is also possible to designate multi-country regional offices such as ARIPO or EP (European Patent Organisation). International Phase and National Phase PCT has two phases, an international phase when they are international applications in International Bureau, and a national phase when they are converted to national patent applications in designated countries of interest. During international phase, designated International Searching Authority (a Patent Office authorised by WIPO) conducts a patent search and an International Search Report is provided within around six months of filing to assist applicant in deciding whether or not to proceed with patent protection. The International Bureau also publishes patent specification. Chapters I and II of PCT The PCT is divided into two Chapters, Chapter I and Chapter II. Chapter I requires that within either 20 or 30 months of earliest priority date, (depending on whether or not country concerned has adopted most recent amendments to PCT Treaty), applicant must enter national phase, that is, file patent applications in any one or more of countries initially designated Chapter II allows 30 months from earliest priority date for entering national phase and also requires a designated International Preliminary Examining Authority (authorised by WIPO to conduct international examinations) to conduct a non-binding substantive examination of patent specification to determine whether it meets requirements for patentability. Please note that, certain designated Offices have fixed time limits expiring even later than 30 months, or 20 months, as case may be. For regular updates on these applicable time limits, refer to PCT Gazette; a cumulative table is also available at WIPO's Internet site (www.wipo.int ).
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