Tuesday, July 19, 2011

PCT National Phase Patent filing requirements in India

The basic mandatory requirements for filing a PCT National Phase Patent Application in India are as follows:
1. Name, address, particulars and nationality of applicant/s for patent;
2. Name, address and nationality of inventor/s of patent;
3. Complete Specification (in English) with description, claims, drawings, abstract as per the Indian Patent Law and Practice otherwise the application shall not be published;

Other requirements:
4. Declaration as to inventorship within 1 month of filing application;
5. Certified copy of priority documents to be filed within 31 months from date of priority where PCT/IB/304 not issued or supplied;
6. English translation of priority documents along with verification in support within 31 months from date of priority;
7. Details of all corresponding foreign application within 6 months of filing of application and/or within 6 months of filing of Patent application in any country outside India;
8. Proof of right in favour of applicant from inventor (where the applicant is distinct from inventor) in writing (assignment deed, employment agreement or any other arrangement) preferably notarised within 6 months from filing of application;
9. Power of authority in favour of Indian Patent Attorney/ agent, to be stamped in India (legalisation/ notarisation not necessary) preferably to be filed within a month or to be filed mandatorily within 3 months if requisitioned by Controller otherwise the application shall not proceed towards publication.

1 comment: