Showing posts with label PCT National Phase Patent filing requirements in India. Show all posts
Showing posts with label PCT National Phase Patent filing requirements in India. Show all posts

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with description, claims, drawings, abstract as per the Indian Patent Law and Practice otherwise the application shall not be published;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.