PCT National Stage Filing in India: Know the Facts



 

India as one of the top 5 economies and soon to be the third largest economy, is a crucial player for national-stage PCT filings for any corporate or startup.

To secure patent protection in India as national phase entry via the PCT route, applicants must file in India by following the regulations set forth in the Indian Patents Act. Unlike many other countries, the Indian Patent Office (IPO) does not permit substantive amendments while filing the national phase, except for deleting claims.

National stage filing requirements in India

The process of filing a PCT application in India involves adhering to specific requirements outlined by the Indian Patent Office (IPO). For a PCT application in India, submissions must be in English or Hindi, the official languages.

To secure a filing date, the Indian Patent Office requires:

  • You need to file the national stage by 31 months
  • A full specification comprises a description, claims, abstract, and drawings in either English or Hindi as per the PCT filing
  • You need a address of service in India.(Address of patent agent for nonresident applicants)
  • Priority claim particulars: date, application number, and country
  • Payment of the prescribed filing fee
  • Notarized Power of Attorney (POA) is must for agent filing

Meeting these requirements accurately and promptly is essential to successfully initiating the PCT national phase in India.

Examination Filing Timeline

As of now the timeline for filing examination of a national phase patent application in India is 48 months from the priority date or date of filing the international application. In future your timeline will reduce to 31 months from the priority date or filing date.

Post Examination Process

  • Post examination FER (First Examination Report) will be issued by the patent office, we need to reply within 6 months, time can be extended in addition fees
  • Post FER reply if still there are open issues, the “HEARING” will be called by controller to address and settle the pending issue.
  • Once the patent is granted maintenance fee due needs to be paid within three months. Maintenance fee is counted third year onwards. Post grant every year fees need to be paid to keep the patent alive.
  • Every year “Statement of working of the invention” needs to be filed in the patent office to keep the patent alive
  • The official fees are different for individual startup vs. corporate

Einfolge: Expert for national stage filing

  • Einfolge is a leading provider of national-stage filing services in India, offering expertise, reliability, and customized solutions to meet the diverse needs of clients.
  • Our team includes a number of patent agents with extensive knowledge and experience in navigating the intricacies of patent filings, so we can offer complete support and guidance throughout the filing process, ensuring that our clients receive the best possible service.
  • Einfolge offers cost-effective solutions for maintaining patents in India.
  • Einfolge is committed to providing timely and cost-effective solutions without compromising on quality.