PCT Filing Procedure in India for Food Innovation
Among the different modes of international IP protection legal framework, the PCT can be understood as a unified procedure for obtaining a patent for inventions filed in several countries simultaneously. The PCT filing procedure in India quantifies a crucial stage for inventors in the food industry as they seek to protect their ideas. This process not only strengthens legal rights to inventions but also increases the business benefits of food innovations by providing adequate protection for one of the most significant and rapidly developing markets in the world.
Overview of PCT Filing Procedure in India
PCT application enables inventors to file for patents in different countries at the initial stage with a single patent application, and the application is also known as a patent cooperation treaty application. Administered by WIPO, the PCT system makes the process of filing for a patent in more than one country easy. A PCT application, therefore, does not give an applicant an international patent but acts as a precursor for filing national phases in prescribed countries, which include India.
Filing a PCT application
Filing a PCT application offers several advantages. First, inventors gain up to 30 months from the priority date to decide on pursuing protection in specific countries. This extended timeframe provides significant strategic flexibility. Second, the standardized application process is recognized by over 150 member countries, offering broad international recognition. Third, PCT applications undergo an international search report (ISR) and a written opinion on patentability, aiding in better decision-making. Finally, the PCT process allows innovators to gauge market potential and secure funding before committing to national phase entries.
PCT National Phase in India
Before proceeding to analyze the application in the territory of India, the applicants are subjected to fulfill a set of procedures prescribed by the Indian Patent Office (IPO). This process involves submitting an English version of the PCT application translated to one of the twenty-two officially recognized languages in India and enclosing the necessary fees and supporting documents within the stipulated time. The translation of the application must include a description and claims, summary and abstract, as well as any drawings that form a part of the filings in the application. However, they too have a provision according to which the power of attorney to the patent agent must be presented in case the applicant hires an agent. Following the above-mentioned requirements, proper and efficient action needs to be taken regarding the respective patent application in India.
The Time Limit for PCT Filing Procedure in India
The IPAB has defined the prescribed period for filing a patent application under PCT as 31 months from the priority date for international application. This timeline means the applicants may get into the national phase in India and have their international patent applications protected under the law of India.
Language to File National Phase Application
In India, English serves as the official language for patent applications. If the international application is submitted in a different official language, it is compulsory to translate it into English. This ensures precise communication and adherence to regulatory requirements, emphasizing the significance of clear and accurate documentation in the patent process.
Technical Aspects of PCT Filing Procedure in India
Applicants must satisfy several conditions to enter the national phase in India. They must submit a duly completed application form (Form 1), along with a certified English translation if the PCT application was not originally filed in English. Additionally, payment of the prescribed national phase entry fees is required. Essential documents include a copy of the international application, including any amendments made during the international phase, the ISR and written opinion provided by the International Searching Authority (ISA), and a power of attorney if the applicant appoints a patent agent in India. The fees for national phase entry in India are structured based on the type and number of claims, and the examination fee must be requested and paid separately. Importantly, applicants must enter the national phase within 31 months from the priority date.
Preparing for National Phase Entry
Initial patent and publication search is thus very important to ensure that relevant earlier patents and publications that could affect the novelty and non-obviousness of food innovation are first noted. This search assists in narrowing down claims and determining the status of a potential patent. The PCT patent search report and written opinion enable applicants to obtain information regarding the patentability of the invention, actual or likely objections, and how to deal with such objections before conducting a national phase entry. Claim amendments may be made from ISR and written opinion which increases the probability of receiving the patent grant. Amendments have to be compliant with Indian patent law and enhance the spectrum of coverage.
Cost Exemption Availability for National Phase Filing
The fee structure established by the Indian Patent Office is designed with a detailed approach based on the applicant’s classification as a Natural Person, Small Entity, or Other (Large Corporate). Notably, the fees for natural persons are substantially reduced, amounting to only a fifth of the fees applicable to other categories. This deliberate differentiation emphasizes a commitment to fairness and affordability, ensuring that the patent filing process is accessible to individuals. Moreover, to further address cost considerations, applicants have the option to strategically minimize expenses by omitting claims during the filing process in India.
Prosecution of National Phase Application
The IPO may issue office actions detailing objections or requirements for further information. Applicants must respond promptly and adequately to address these issues. In some cases, hearings with the IPO may be necessary to discuss objections and present arguments supporting the patentability of the invention. Overcoming objections may involve amending claims, providing additional data, or clarifying technical aspects of the invention.
Allowance and Grant of Patent
The first examination report or FER signifies the first report that has been prepared by the IPO. Any objection to this procedure should be addressed to gear towards the grant of the patent. Upon approval of an application, grant fees must be paid to obtain the certificate of patent for inventions. Lastly in the process, the patent search is done again and the patent certificate is issued which provides exclusive rights to the inventor in India.
Case Studies and Examples of PCT Filing Procedure in India
Amul’s Probiotic Yogurt
India’s largest dairy cooperative, Amul, filed a PCT national phase application regarding their probiotic yogurt technology. The Indian patent authority issued a patent to Amul so as to guarantee that only Amul had the right to manufacture and market probiotic yogurt in the country of India. That it had diversified Amul was a position of strength now, and it meant that it had a plethora of products to offer to the lactose-eating consumer who was getting more and more aware of the health-building properties of dairy products.
ITC’s Fortified Atta
ITC Limited, a major Indian conglomerate, entered the national phase in India for their PCT application on fortified wheat flour (atta). The patented technology involves adding micronutrients like iron, folic acid, and vitamin B12 to atta to address malnutrition. ITC was able to launch its fortified atta brand under the Aashirvaad label after receiving the patent grant.
Tata Chemicals’ Tata Salt Plus
An application filed by one of the largest Indian conglomerates ITC Limited was PCT filing for the product of fortified wheat flour (atta) across the country, where they have started the national phase in India. Du requirements that contain iron, folic acid, and vitamin B12 have been added to atta in an attempt to assist in fight malnutrition because the product innovation is patented. This new product development strategy to create a new fortified atta brand under the Aashirvaad brand was in line they were able to do once the patent was granted.
PCT National Phase Application
The PCT national phase application filing procedure in India is pivotal for securing robust patent protection for food innovations. By navigating the procedural requirements and leveraging strategic insights, inventors can safeguard their intellectual property and enhance their competitive edge. The future outlook for PCT national phase applications in India remains positive, with ongoing improvements in the patent system expected to streamline processes and bolster innovation.
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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).
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