PCT in India

PCT stands for the Patent Co-operation Treaty. It is a sister treaty of the Paris Convention administered by the World Intellectual Property Organisation (WIPO). The PCT system facilitates filing of patent applications under a single umbrella and provides for simplified procedure for the search and examination of such applications. This allows a resident or national of a PCT member state to obtain the effect of patent filings in any or all of the PCT countries and to defer the bulk of filing costs usually due on filing. India became a PCT Contracting state on December 7, 1998.

PCT National Phase Entry in India

Since December 7, 1998, it is possible to designate India in PCT applications and to elect India in the demand for preliminary examination.

If India is a designated country in the PCT application and is also elected in the demand for preliminary examination filed within 19 months of the priority date, then the deadline for entry into the National Phase in India is 31 months from the Priority Date. If the applicant does not so elect India in the demand for preliminary examination, then the deadline for entry into the National Phase in India is 21 months from the Priority Date. Therefore, all applicants who have designated India in their PCT application filed on or after December 7, 1998, will be able to file PCT National Phase applications in India.

Filing Requirements

Name, address and Nationality of Applicants and inventors.
PCT Application number.
Priority application number, date of filing and country.
Original Patent specification, claims and drawings in English.
Amended claims, if any, filed under Art. 19 of PCT.
If IPER is requested, any amendment annexed to the IPER.
A copy of PCT Request, International Preliminary Search Report and International Preliminary Examination Report.
Declaration as to inventorship.
Power of Attorney

We, at PMG ASSOCIATES have a wealth of experience of PCT filing and we are happy to provide advice and services. Please feel free to Contact Us for further information.

  Regulations under the Patent Cooperation Treaty
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