Introduction
The Patent Cooperation Treaty (PCT) is the world’s treaty which is the major tool for the invention and innovators who wish to have their intellectual property protected all over the world. India is a PCT member state whose involvement provides a significant advantage for international companies, through which they may submit national-phase PCT applications thus protecting their intellectual property rights in the country. This blog will be centered on a simple step-by-step guide on PCT National Phase Application in India chemistries.
What is the PCT National Phase Application?
A national-phase PCT application determines an individual’s purpose to secure a patent in multiple countries, including India. It serves as an important milestone in the patent application stage as this application if filed only once can be used as an application for patents in many countries.
Benefits of the PCT National Phase Application
Simplified Process
The PCT national phase application dramatically facilitates the patent application procedure by a single application filing covering several states.
Cost and Complexity Reduction
The entity minimizes the cost and the complexity of lodging a single international patent application in which the acceptability of each country is disregarded.
Single Filing Date
Filing with the IF will benefit from a worthy date of closure for all nations for the priority date being given.
Who can file a PCT National Phase Application in India?
Any foreign company or individual can come to India to file a Patent of PCT application National Phase under Indian Law. This widens the scope enabling everyone from the creative minds across the globe to register for a patent for their invention in India.
Time Limit for Filing PCT National Phase Application in India
The formal request must be submitted within 31 months of the priority date if the applicant’s interest is to seek the national stage in India. It is essential to comply with this deadline so that your application will be considered as belonging to the category of applications that can be processed by the IPO.
Eligibility Criteria for PCT National Phase Application in India
The PCT application national phase is signed off under the Indian Patent Act and its prescribed Patent Rules via the Patent Rules of 2003. This application shall be duly accompanied by the specified matters as given in the schedule. Such a rule set is meant to attract the attention of IPO in the application process so that it does not fall out of legal compliance and become accepted.
Patentability Criteria for PCT National Phase Application in India
The application must meet specific patentability criteria, including:
Novelty
An item that is considered a novel and not known either through description or, more importantly, general use by the public, is eligible. Therefore, the level of the novelty of the invention asks patent applicant(s) to make sure that his(her) (or their) invention was not publicly exposed (this is, publicly disclosed) before the day of the application submission to the patent office.
Non-Obviousness
The mode of operation of the new device should be hidden even for the person with average ability level in implementing known technology. Therefore, it is the innovation which should be taken not only for an avid hobby enthusiast but also for the person who has a limited skill in the given discipline.
Utility
The invention must have a practical application. It should be capable of being made or used in some kind of industry. This ensures that the invention provides some form of tangible benefit or solves a specific problem.
Filing a PCT National Phase Application in India
Comprehensive Patent Searching
It is necessary to complete a patent search to ensure that no other patent was issued before. This is done by conducting an exhaustive search for previously pending patents as well as existing works to determine whether the product is indeed novel and non-obvious.
Language Requirements and Translation
The official languages for patent registration in India are English and Hindi. Foreign language applications require a verified English translation. Extensions for translation deadlines, up to six months, are possible by paying corresponding fees.
Filing Requirements
The Indian Patent Office obtains a filing date upon receiving a fully specified description of the invention in English or Hindi including a formation, claims, abstract and drawings. Notifications of applicant’s names, inventors, invention title, and priority claims are vital as well as the prescribed filing fee.
Priority Document and Translation
The Priority Document’s deadline is 31 months from the earliest priority date. A verified English translation must also be submitted within this time frame. Extensions for filing the verified English translation of the Priority Document, up to six months, are available, subject to fee payment.
Additional Documents
A scanned copy of the Power of Attorney should be submitted within three months from the filing date. The original must be provided within 15 days of receiving notification from the Office if requested. Legalization or notarization of the Power of Attorney is not required.
Declaration of Inventorship
If the applicant is not the inventor, a notarized copy of the Declaration of Inventorship or an Application Form 1, signed by the inventors, should be provided within six months from the filing date. Legalization or notarization of Form 1 signed by the inventors is not required.
Family Patent Applications/Patents
Information about family patent applications/patents must be filed at the time of application or within three months from the filing date. Updated statements can be additionally requested by the controller within two months from the issuance of such a request.
Examination of PCT National Phase Patent Application in India
As a way of initiating the examination procedure for a patent application in India, an application must be submitted in writing within 31 months from the international filing date or priority date that has an earlier date for the applications filed on and after March 15, 2024. For applications filed on or before March 14, 2024, the examination meeting deadline is 48 months at any time. From IFI filing to priority one. Up to 6 months at the time of requesting the examination can be initially extended with a corresponding payment. In addition to this, an examination at an accelerated rate is possible under PPH as introduced by the JPO and this is available as of now only with the Japanese Patent Office.
Novelty Grace Period
In India, the novelty grace period constitutes 12 months before the Indian filing date or before the priority date if the disclosure was made by 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, by previous communication to the Government to investigate the invention or its merits, by Public display of the invention at an Industrial or other exhibition notified by the Central Government of India in the Official Gazette, or by Public working for reasonable trial only.
Grant, Validity Term, and Maintenance Fees
The operative term to note about patents in India is that they are valid for 20 years from the international filing date. The official grant fee is unspecified. Annual maintenance fees for the first three years must be paid after completing the registration procedure before the second year from the filing date expires. If the patent is granted after two years after the filing date, annuities can be paid cumulatively within three months of the grant. The annuity payment deadline can be extended by up to six months upon payment of corresponding fees. A Working Statement must be filed once every three years, with the initial statement due within six months from the end of the third financial year. Extensions of time or condoning delays in filing the working statement by three months are possible upon filing a corresponding request.
Chemical Patent Application Process
Provisional Patent
Filing a provisional patent application is recommended for chemical innovations in the development stage. It provides an early priority date.
Ordinary Patent
Filing an ordinary patent application is recommended for chemical innovations that are complete and ready for patent protection. It includes a detailed description and claims.
Case Studies and Examples
Herbicide Formulation Containing PCT
The PCT application for the national phase was filed in India for a unique herbicide formulation that comprises PCT as the primary component. The invention pertains to the water-dispersible granule formulation that could manage or suppress the growth of different kinds of weeds in the major crops such as wheat, rice, and soybean.
The formulation includes the whole set of active elements with adjuvants working cooperatively that provide weed control both broad-spectrum. This novelty offers the following benefits in particular: improved herbicidal power, environmental friendliness, and safety of cultivated plants, unlike other existing pesticides.
The applicant carried out specific average market conditions experiments in various agricultural climatic zones of India to determine the formulation’s performance and fitness for the local market. Indian national phase application of the PCT was finally successful and it was prolonged up to 20 years of exclusive rights of production, usage, and sale of this fortunate advanced herbicide to the Indian farmers.
PCT-based Insecticide for Stored Grain Protection
Another PCT national phase application was filed in India for a novel insecticide formulation targeting pests in stored grains. The invention involves the use of PCT as a key active ingredient, combined with synergistic co-formulants, to provide effective and long-lasting protection against a range of storage insects, such as weevils, moths, and beetles.
The formulation is designed as a dust or powder that can be easily applied to stored grain silos and warehouses. It exhibits low mammalian toxicity and minimal residues, making it a safer alternative to conventional organophosphate or pyrethroid-based insecticides.
The applicant conducted comprehensive laboratory and field trials across major grain-producing regions in India to evaluate the formulation’s efficacy, stability, and suitability for local storage conditions. The successful PCT national phase application in India has enabled the innovator to commercialize this advanced stored grain protection solution, benefiting Indian farmers and food processors.
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Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).
Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.
Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.
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