Patent PCT Application India

Establishes an international system which enables the filing, with a single patent Office (the “Receiving Office”), of a single application (the “International Application”) in one language having effect in each of the countries which are party to the PCT which the applicant names (“designates”) in his application;

Provides for the formal examination of the International Application by a single patent Office, the Receiving Office;

Provides for centralized international publication of International Applications with the related international search reports, as well as their communication to the designated Offices; and

(In PCT terminology, a reference to “national” Office, “national” phase and “national” fees, includes the reference to the procedure before a regional patent Office). The first step is that the Receiving Office receives the International Application from the applicant. The second step is that the Receiving Office checks the International Application to determine whether it meets the prescribed requirements as to form and content of International Applications.

3.; i) The receiving Office shall accord as the international filing date the date of receipt of the international application, provided that that Office has found that in order in accordance with Article 11, at the time of receipt:

If the language of filing of the International Application is one acceptable by the Receiving Office but is not acceptable by the International Searching Authority that is to carry out the international search, the applicant is required to furnish, within one month from the filing date of the application, a translation into a language which is all of the following: (i) a language accepted by the International Searching Authority that is to carry out the international search; (ii) a language of publication; and (iii) a language accepted by the Receiving Office (unless the International Application is filed in a language of publication). Not all the requirements of the International Application are required to be ;examined by the Receiving Office. The third step in the procedure before the Receiving Office is that it must transmit the “record copy” of the International Application to the International Bureau and the “search copy” to the International Searching Authority. The Receiving Office will then declare that national security provisions prevent the International Application from being treated as such.

If an applicant who is a resident or national of a PCT Contracting State; erroneously files his International Application with a national office which acts as a Receiving Office under the Treaty but which is not competent under Rule 19.1 or 19.2, having regard to the applicant’s residence and nationality, to receive that International Application, or if an applicant files his International Application with the competent Receiving Office in a language which is not accepted by that Office under Rule 12.1(a) but is in a language accepted under that Rule by the International Bureau as Receiving Office, the International Application will be considered to have been received by the national Office on behalf of the International Bureau as Receiving Office on the date on which it was received by the national Office, and will be promptly transmitted to the International bureau as Receiving Office (unless such transmittal is prevented by national security prescriptions).

(ii) The International Application should be in the language, or one of the languages, accepted by the Receiving Office for the purpose of filing International Applications (note, however, that the International Application is to be transmitted to the International Bureau as Receiving Office under Rule 19.4(a)(ii) if that condition is not fulfilled);

If all such defects are not properly corrected, the application will not be treated as an International Application.

If the applicant does not correct, the defect properly, the International Application will, however, be considered withdrawn by the Receiving Office.

(i) Monitoring the receipt of the confirmation of receipt of the International Application by the Receiving Office;

Filing of the International Application:

International Application must be filed with any of the receiving offices i.e. Patent office, Kolkata, New Delhi, Mumbai, and Chennai(RO/IN) or International bureau (RO/IB) of WIPO. Each Receiving Office must, however, accept at least one language for the filing of International Applications which is both a language accepted by the International Searching Authority or, if applicable, by at least one International Searching Authority, competent for the international searching of International Applications filed with that Receiving Office and one of the languages of publication (that is, Chinese, English, French, German, Japanese, Spanish or Russian), so that applicants always have the option of filing the international search or international publication purposes; in other words, either words, either the International Application in its original language or the translation will be sufficient for the processing by the Receiving Office, for international search and for international publication.

If the language of filing of the International Application is accepted by the Receiving Office and the International Searching Authority but is not a language of publication (at present, this is the case only where the International Application is filed in Dutch and certain Nordic languages), the International Application will be published in English, the translation into that language being prepared under the responsibility of the International Searching Authority which undertakes the search (see Rule 48.3).

International Search.

A high quality international search report is established by the International Searching Authority.

Austrian Patent Office (AT)

Australian Patent Office (AU)

European Patent Office (EP)

United States Patent ; Trademark Office (US)

Swedish Patent Office (SE)

If the International Application did not claim any priority, the international search report is available within nine months from the international filing date, If priority is claimed, that report is available usually during the 16th month from the priority date. Even where priority is claimed, the international search report is normally available in time before publication of the International Application. International Fee: USD 1134* USD 1211 (from 1-3-2005)

It is due within one month from the date of receipt of the International Application. The International Fee is for the benefit of the International Bureau. The international fee is due within one month from the date of receipt of the International Application. The Search Fee is for the benefit of the International Searching Authority.

An International Application can be withdrawn at any time during the international phase.

International Preliminary Examination (Optional)

Austrian Patent Office (AT)

Australian Patent Office (AU)

United States Patent ; trademark office (US)

Swedish patent Office (SE)

The use of International Preliminary Examination

(iii) Helps the applicant to adapt the International Application to the results of the international search report;

(iv) Allows, with effect for all elected Offices, the amending of all parts of the International Application (description, claims and drawings) during international preliminary examination;

1) The national phase follows the international phase. This offsets, at least partly, the costs of filing an International Application.

European Patent Office (EPO): –

European search fee waived if international search report by AT, EP, ES, SE; 20%

reduction of European examination fee if international preliminary examination report by EP.

German Patent Office:

– Filing fee waived if the Office was the Receiving Office;

– Examination fee reduced if an international search report has been established.

Hungarian Patent Office:

– Filing fee waived if the Office was the Receiving Office;

Japanese Patent Office:

– Approximately 80% reduction of examination fee if international search report established by JPO;

– Approximately 20% reduction of examination fee if international search report established by ISA other than JPO.