Indian Legal Consultants


PCT Filing Procedure

A PCT application means a patent application under patent cooperation treaty. The due date for a PCT application to enter into national phase is different in different countries. In most of the designated countries the due date for a PCT application to enter into national phase is thirty months from the priority date whereas in India the time limit is thirty one months from the priority date. A PCT application must clearly specify the name, nationality and address of the applicant, title of the invention, and background of the invention, method of invention, description of drawings, claims, abstract and various other requisites of a PCT application. The PCT application should be drafted specifically as per the rules and regulations governing patent law in various member countries. The forms to be submitted along with the complete or provisional specification should contain detailed information pertaining to the patent application in question. The statutory fees for filing a particular PCT application into national phase are different in different countries. In India, it is determined on the basis of number of priorities, number of claims and number of pages. If none of the above fulfills the criteria laid down by the Patent Act to determine the statutory fees of a national phase patent application than the basic statutory charges are Rs. Four thousand. It is to be noted that a PCT application can be signed only by a patent agent authorized by the government in this regard. Thus a PCT application should be drafted properly before it can be considered for registration.

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Indian Legal Consultants
Intellectual Property Law Attorneys Solicitors & Advocates

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