PCT National Phase Application in India
When you file an International patent application via PCT Unlike the convention application, your international patent application is valid for all 157 member countries that are signatory to PCT. and here you have about 30 to 31 months of time to decide whether to enter into the national phase of the country of the interest.
There are 2 Stages for a PCT application :
- International Phase
- National Phase
International and National Phases
- International Phase: The initial phase where the patent application is filed through the PCT, covering all 153 member countries.
- National Phase: The subsequent phase where the applicant decides to pursue patent protection in specific countries, including India, within 31 months from the earliest priority date.
Documents Required for National Phase in India
- Name, address, and nationality of applicants and inventors
- PCT application number
- Priority application number, date of filing, and country
- Assignment deed, if applicable
- English translation of the application (2 copies)
- A copy of the international application (if not already received by the Indian Patent Office)
- Declaration of inventorship
Cost of National Phase PCT Application in India
Note: steps highlighted in Orange color are either optional step or depends on case to case and are not mandatory to happen
| Sr. | Stages for Patent (links for more details) | Professional fees | Government Fees | Time required |
| 5 | Filing patent application | ₹ 16,600 (USD 200) | ₹ 1,600 or (USD 19) | 1 – 2 days |
| 6 | Publication of patent application | – | – | After 18 months |
| 7 | Early publication (Optional step) | ₹ 2500 or (USD 30) | 1 – 2 months | |
| 8 | Request For examination (Normal Route) | ₹ 4000 or (USD 48) | 2-3 Years | |
| 9 | Request For examination (Expedited Examination) (Optional step) | ₹ 8000 or (USD 96) | 8 to 9 months | |
| 10 | Drafting and Filing a response to the First Examination Report (FER), In Case you receive any objection from the patent office (government) | ₹ 15,000 – ₹ 30,000 or (USD 180 – USD 360) | – | Drafting response 7-10 days |
| 11 | Hearing In Case you receive any hearing from patent office (government) | ₹ 15,000 –₹ 30,000 or (USD 180 – USD 360) | – | depends on the government |
| 12 | Grant of patent or refusal | – | – | Depends on the pendency at government |
Notes:
- The total professional fees range from ₹46,600 to ₹76,600 (USD 560 to 920), depending on whether the lower or higher end of the fee range for responding to the First Examination Report and hearings is considered.
- The total government fees amount to ₹16,100 (USD 193).
Filing Locations
Applications can be filed at any of the four Indian patent offices located in Mumbai, Delhi, Chennai, or Kolkata. The choice depends on the applicant’s place of residence, business, or the address of their service provider in India.
National Phase Entry Procedure
- Publication of Application: Automatically occurs 18 months from the filing date. Early publication can be requested with Form 9.
- Request for Examination (RFE): Must be filed within 48 months from the priority date.
- First Examination Report (FER): The controller sends the FER to the applicant or their agent. The applicant must respond within 12 months.
- Grant of Patent: If the application meets all criteria, it proceeds to grant.
Founder & Director at Patent Attorney Worldwide Private Limited
- Registered Patent Agent (IN/PA 2352),
- Indian Patent Office, Govt. of India
- Patent Facilitator for Start-ups, Startup India Govt. of India
- Bachelor’s degree in Electronics and Telecommunication engineering.
- Author of multiple books on Patents and IPR including a best-selling book on “How to patent an idea in India” which has been selected as the “Memorable Business Book of 2018” by Amazon
- Books are included in the syllabus of Educational Institutions as textbook and reference book on subject of IPR and Patents
- For over 15 years, Prasad has helped protect the intellectual property rights (IPR) of more than 1800 clients, including individuals, entrepreneurs, and educational institutes. This includes patents, trademarks, designs, and copyrights.
- Indian Patent Office, Govt. of India
- Patent Facilitator for Start-ups, Startup India Govt. of India
- Bachelor’s degree in Electronics and Telecommunication engineering.
- Author of multiple books on Patents and IPR including a best-selling book on “How to patent an idea in India” which has been selected as the “Memorable Business Book of 2018” by Amazon
- Books are included in the syllabus of Educational Institutions as textbook and reference book on subject of IPR and Patents
- For over 15 years, Prasad has helped protect the intellectual property rights (IPR) of more than 1800 clients, including individuals, entrepreneurs, and educational institutes. This includes patents, trademarks, designs, and copyrights.
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