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TIME LIMIT

 

The PCT National Phase application has to enter Indian National Phase within 31 months of the date of earliest priority date.

 

 

MINIMUM DOCUMENTS REQUIRED (required before 31 months)

 

  • Name, address and Nationality of Applicants and inventors.

  • PCT Application number.

  • Priority application number, date of filing and country

 

All this information is available in first page of WIPO International Publication. Hence, you may send a copy of the same or we may download a copy from WIPO's website.

 

  • Original Patent specification, claims and drawings in English. (Preferably send by email)

  • Amended claims, if any, filed under Art. 19 or 34 of PCT. (Preferably send by email)

 

COMPLETE FILING REQUIREMENTS (may be filed after 31 months)

 

  • A copy of

    International Publication,

    Form PCT/IB/304,

    Proof of Right to file Patent (like Form-1 signed by inventors, Certified Copy of Assignment Deed or Employment contract),

    International Search Report,

    IPRP, and

    International Preliminary Examination Report, if any.

  • Power of Attorney (may be filed later, no late fee)

  • Following information (as far as available) regarding the application filed in other countries, if any:

Name of the Country

Date of Application

Application No.

Status of the application

Date of publication

Date of grant

 

 

Requirement for translation of International application, filing of Priority documents and English Translation thereof

 

PCT NATIONAL PHASE APPLICATIONS:

 

When PCT is neither filed nor published in English, duly Verified English translation must be filed within 31 months National Phase deadline (not extendable).

 

Verification should state that contents are correct and complete translation of International application and the attorney can sign the verification.

 

Translation should include translation of specification, claims, abstract, drawings, text, A. 19 statement & amendments and/ or A. 34 amendments.

 

Where PCT application claims a priority and the priority document was filed in compliance with Rule 17. 1 of PCT with WIPO, a copy of IB 304 has to be filed with Indian Patent Office along with a verified translation of priority documents if the priority document was not in English. The same must be filed within 3 months of Examiners invitation (not extendable), failing which the priority is disregarded. In case priority documents were not filed in compliance with Rule 17.1, a certified copy of the same must also be filed within the aforesaid deadline.

 

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