Article Source: http://wp.me/p2PCVq-DL
Filing PCT International Patent Application under PCT National Phase in India by Foreign Patent Applicants
International Patent Applications
Patent applicants should note that patent protection is territorial in nature. Every country has its own patent protection system, and no international or national authority can grant a patent enforceable in any other country. For example, patent filed before Indian Patent Office will grant patent in India and patent filed before US Patent and Trademark Office (PTO) will grant patent in US.
To protect intellectual property rights of innovators and inventors internationally 18 states signed the 1970 Patent Cooperation Treaty (PCT). The international treaty provides a global structure for patent applicants’, SMEs, start ups, innovators and inventors to protect their intellectual property rights in every state signed onto the treaty. Under PCT treaty, the patent applicant can seek patent protection for an invention simultaneously in each member state of the PCT treaty by filing international patent application at WIPO instead of filing numerous separate national patent applications in each country. Patent cooperation treaty members comprise 146 states.
Filling International patent application before WIPO consists of a set of forms along with a copy of Complete Patent Specification including the patent description, claims, drawings and abstract. The applicant’s patent attorney has to select International Searching Authority (ISA) who will be conducting International Search to identify published prior art documents in relation to the invention filed before the WIPO. The International Search Report discloses the one or more documents considered to be relevant to the invention in question and provide written patentability opinion related to following 3 aspects of the invention:
- Novelty of Invention in terms of one or more patent claims
- Inventive Step of Invention in terms of one or more patent claims
- Industrial Applicability of Invention in terms of one or more patent claims
The International patent application filed before WIPO is published on the WIPO website after the expiration of 18 months from the earliest Priority filing date of the patent application. The date on which the International patent application filed before WIPO is published is known as International Publication date. The patent applicant can file PCT patent application under National Phase in multiple countries in a given timeframe. For example, filing a national phase patent application in India after filing a PCT application is 31 months from the priority date of the PCT application. In other countries for example United States of America, filing a national phase patent application in US after filing a PCT application is 30 months from the priority date of the PCT application.
Tech-Corp Legal® LLP, is a leading technology focused international patent law firm headquartered in New Delhi, capital of India, with offshore offices in US, UK, China and Singapore. Our patent attorneys have advanced degrees in science, engineering, and technology. Our law firm partners combined have over 20 years experience in all aspects of intellectual property law. Our well-experienced team of patent attorneys and patent agents prosecute PCT international patent applications before Indian Patent Office. We are passionate about providing cost effective representation for our clients in all intellectual property matters before Indian Patent Office. We also provide patent monitoring service in India.
Role of Patent Attorney in conducting Prior Art and Patent Novelty Search
The patent search is performed on numerous patent databases that cover worldwide patents. The patent attorney provides opinion on patentability of the invention. The electronic copies of the patent specifications are provided along with the patent report. The turnaround time to provide the patentability search report is about five to seven days depending upon the complexity of the invention.
Free Patent Databases:
UNITED STATES PATENT AND TRADEMARK OFFICE
To read more on Filling International Patent Application under National Phase in India before Indian Patent Office: Click Here
To read more on Prior Art Searching in India: Click Here
PCT Patent Foreign Law Firm in India | New Delhi Patent Law Firm| Patent Lawyer India | PCT Patent Filing in India | National Phase PCT in India | Patent Agents India | Patent Attorneys India | PCT India | Patent Registration India | PCT Patent Services India | PCT Entry in India|Patent Research Services | Patent Searches | Patent Analysis Services | USPTO Patent Searches | U.S. Patent Searches | U.S. Patent Office Searches | Patent Infringement Searches |Patent Validity Search | Patent Validity | Search Patents | Freedom to Operate (FTO) | Right to Use New Invention| Clearance Patent Search Case Study
Visit our Business Blog homepage: http://research.techcorplegal.com/ International Technology Business & Patent Law Firm in India: Patent Drafting, Patent Searching, Patent Filing in India, PCT National Phase Filings in India: http://www.techcorplegal.com/ International Business & Management Company in Singapore: Starting a Business in Singapore:http://www.techcorpgroup.com/ Contributors: Prity Khastgir and Rahul Dev We regularly update our Facebook page and share similar stories on Twitter.You can also check out our premium service offerings for Mobile Applications, Social Media & Cyber Laws and Pharmaceuticals, Biotechnology, Food & HealthcareTo know more about us, get connected with us on LinkedIn or mail us at info [at] techcorplegal [dot] com Starting a New Business in Singapore|Singapore Business Guide
Tech Corp International Consultants Pte. Ltd. is a Singapore based business consultancy company focusing on at entrepreneurs who are exploring to start a new business by incorporating a company in Singapore. Through a strong network of our business associates in Singapore, we provide a diverse range of services, including, Singapore company incorporation, accounting, tax, immigration and related compliance services. We assist our clients in incorporation of local Singapore companies, Singapore subsidiaries of foreign corporations and registration of Singapore branch offices of overseas companies, statutory administration of companies, accounting and tax filing for companies and individuals, application for work passes and permanent residence for expatriates, application for business licenses, and related corporate services.
Our Business Law Services: Company & Individual Representation, Business Litigation & Corporate Law, Business formation & Review of Business Formation Documents, Cyberlaw, New Media, & Internet/Technology, Entertainment, Sports, & Media, Contract Negotiation, Review, & Drafting, Intellectual Property (“IP”), Real Estate Transactions and Landlord/Tenant Disputes, Employment Law, Securities, Mortgage, Banking & Finance, Mergers & Acquisitions, Legal Malpractice / Ethics Violations / Company Policies / Website Terms & Conditions, Brand Identity & Positioning, Brand and Intellectual Property Licensing and Development, Compliance, Preparation of Business Plans, Business Process, Efficiency Consulting, & Outsourcing, Investment & Strategic Ventures, Project Finance & Management, Competitive Landscape Analysis, Right Time to Incorporate a Legal Entity, Finance, Funding & Venture Capital, Type of Entity: Company vs. Partnership vs. Sole Proprietorship, Right Location (Jurisdiction) to Incorporate a Company, Company Incorporation in India, Partnership, Sole Proprietorship & LLP in India, Setting up Liaison / Representative / Branch/ Project Office in India, Franchising in India, Licensing in India, Retail in India, Things to do Before Quitting a Job and Starting a Business, Selecting a Business Name, Branding & Trademarks, Shareholders & Stock Options, Tax Planning & Management, Employees, Interns, Human Resource (HR) Management & Labor Laws, Joint Ventures, Corporate Restructuring, Mergers & Acquisitions, Commercial Disputes, Litigation & Arbitration, Foreign Direct Investment & Foreign Exchange Regulations in India
Our Patent, Trademark & Legal Services: Patent Searching: Worldwide Patent Searching, Patentability Search, Invalidation Search, Freedom to Operate/ FTO Search, Infringement Search, State of the Art Search, Patent Process and Support Services Outsourcing: Patent Drafting, Patent Illustrations, Patent PCT Filing in India: Patent Filing, Market Research before International Filing, Patent Prosecution and Patent Grant Services in India: Patent Prosecution in India, Preparing Response to Office Action, Post Patent Grant Services for Licensing Inventions: Patent Licensing, Licensability Analysis, Patented Technology Commercialization Services for Individuals, SMEs, Companies: Patent / Technology Commercialization, Due Diligence & SWOT Analysis, Worldwide Trademark/ TM Searching and Filing Services: Trademark Searching, Trademark Filing, Trademark Prosecution & Licensing, Trademark Due Diligence, Legal Research, Process and Support services Outsourcing: Legal Research, Contract Management, Litigation Support, Patent Litigation Support, Medical Litigation Support