What is a PCT National Phase Application?
The Patent application under the PCT (Patent Cooperation Treat) national phase in India is the legal procedure that enables the author to obtain patent protection in India as well as other countries after filing only one International application. This process reduces the procedure regarding the patent rights in the different jurisdictions, which is achieved when one makes an initial international filing and follows it up with the national phase applications in each of the specific countries. In this regard, the multilateral system means several considerable benefits for its members, including centralized filing with standardized processing and easier administrative procedures within the PCT framework. These benefits lead to reduced costs and provide an extended timeframe for applicants to pursue patent protection in multiple regions, thereby aiding strategic decision-making for global patenting efforts.
The patent application under PCT
A PCT application is an application for a patent that could enable the inventor to secure a patent in more than one country via an international application. The process is also much simplified here by offering a single and similar course in filing and initial examination. The PCT application needs to be submitted within a year of the priority date to take advantage of the previous application in the PCT application. The application proceeds to the national phase where the search and potentially the examination are conducted according to respective national laws after the international phase which is an optional phase. This process also buys time and decreases the number and scope of the filings needed to get patents in various jurisdictions.
Who can apply for a patent in India
An application for a patent in India can be made by the true and first inventor of the invention or by the assignee, that is, by the person to whom the inventive rights of that invention have been sold. This includes a player which can be an individual, firm, research entity or university. A Patent application under PCT can also be filed on behalf of the legal representative of the person who has died within the preceding year but could apply for a patent. It is important to note that joint letters can be filed in if there are several inventors involved.
Any foreign person or foreign company can also file for a patent in India if only they are in compliance with the legal necessities of the country. The PCT system assists in the process where applicants can seek patent protection in other countries including India at the same time with one application. The requirements that the applicant has to fulfill for receiving a patent include substantiation of non-antecedent of the invention, showing that the invention involves an inventive step, and that it is capable of industrial application. An application must also provide a description and may contain claims that delimit the scope of the invention and any drawings of the invention. There is also a proper legal framework regulating the filing of patents in India as enshrined in the Indian Patents Act of 1970 and proper following of the rules and procedures set by the Indian Patent Office for Hindoo of patents.
Filing Requirements and Procedure
To enter the national phase in India, the application should be filed on or before 31 months from the priority date of the given PCT application. This means that the deadline that has been set here cannot be a flexible one or an open-ended one, in other words, it is not a deadline that can or will be adjusted or extended. Some of the common filing procedures include completion and submission of appropriate forms namely Form 1 and Form 2 and filing of documents with the IPO. Information of other corresponding Australian and foreign Patent applications under PCT, which may be cited, must be reproduced in its entirety as bibliographic details In cases where the priority document is in a language other than English, a translation into English must also be included. Also required is the payment of fees which can also be in the form of an application fee, the amount depends on the entity type, including a natural person, a start-up, or a small entity.
Step-by-Step Guide to Filing a PCT National Phase Application in India
Initial Preparation
Begin by gathering all necessary documents, including the international PCT application, priority documents, and any required translations. Ensure that all bibliographic details are accurate and complete.
Form Submission
Complete and submit the required forms to the Indian Patent Office (IPO). This typically includes Form 1 (Application for Grant of Patent) and Form 2 (Provisional/Complete Specification).
Fee Payment
Calculate and pay the requisite filing fees. The fees depend on the applicant’s entity type (e.g., individual, startup, small entity) and the nature of the application.
Document Submission
Prepare the PCT application together with any accompanying documentation that may be necessary then apply with the IPO. Make sure that all such documents are in English or that an officially recognized translation into English exists.
Compliance Check
The IPO will conduct a compliance check to ensure that all requirements are met. This includes verifying the accuracy of bibliographic details and the completeness of the submitted documents.
Examination Request
File a request for examination within 48 months from the priority date. The request for examination must be made using Form 18.
Responding to Objections
If the IPO raises any objections during the examination process, respond promptly and provide any additional information or documents requested.
Grant of Patent
Only after all the requirements have been met, and all objections have been submitted and hopefully granted, the IPO will award the patent. This grant will be listed in the Patent Journal while the patent certificate shall be forwarded to the applicant.
Technical Requirements for Patent application under PCT
Applicants need to submit detailed bibliographic information for related Patent applications under PCT filed in different countries, such as application numbers, filing dates, and status updates. In contrast to other places, the Indian Patent Office does not allow any changes during national phase entry. Despite the potential for amendments post-national phase entry, there are restrictions on the permissible forms of amendments.
Advantages of Patent Application under PCT for Physics Innovation
The PCT process is highly advantageous for physics innovation due to its cost efficiency, as it reduces the need for multiple national applications, leading to significant savings. The extended evaluation period of up to 31 months allows applicants to thoroughly assess the commercial potential of their inventions and select countries strategically for patent protection. The single initial PCT filing simplifies the administrative burden compared to filing multiple national applications. Furthermore, the PCT process furnishes important patentability details through documents like the International Search Report and International Preliminary Examination Report, aiding in making well-informed strategic choices. Engaging in the PCT-PPH program can speed up the handling of national phase applications in patent offices that are part of the program, improving the productivity of the patenting procedure.
Case Studies and Examples of Patent Application under PCT
A prominent physics research institute in India successfully leveraged the PCT national phase application process to protect its innovative technology in multiple countries, including India, which significantly increased its global commercialization opportunities. In the same way, a young physics company in India successfully maneuvered through the PCT national phase application procedure, obtaining patent coverage in important markets and drawing in global funding. A physicist from India created a new energy-saving device and utilized the PCT national phase application to secure patent rights in India and multiple other countries, enabling technology transfer and licensing deals. These instances show how Indian physics innovators can effectively protect their inventions and discover new opportunities for commercialization and global collaboration by grasping the technical requirements and utilizing the advantages of the PCT national phase application process.
Patent application under PCT
The Patent application under the PCT National Phase Application in India process provides a streamlined and cost-effective pathway for inventors, particularly in the field of physics innovation, to secure patent protection across multiple countries. By understanding the technical requirements and following the procedural steps, applicants can effectively leverage this process to protect their inventions, explore commercial opportunities, and engage in global collaboration. The case studies and data-backed examples highlight the practical benefits and strategic advantages of utilizing the PCT framework for patenting physics innovations in India.
Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.
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.
