Where can a PCT Patent Application be filed in India? | Answer to your Patent Queries related to PCT Patent Filing in India
In India, the Patent Office governed by the Controller General of Patents Designs and Trademarks handles the PCT filing of patent applications. In accordance with the Patent Cooperation Treaty, the patent applicants are required to file a patent application under the PCT, either directly or within 31 months of the earliest priority date. The PCT patent application can be filed with the Indian Patent Office at Delhi, Chennai, Mumbai or Kolkata.
Patent Cooperation Treaty (PCT) FAQs
How can one file international patents?
How can inventions be protected abroad? What is the Patent Cooperation Treaty (PCT)?
In essence, the PCT is an international treaty signed by 151 Contracting States whereby each member is signatory to the corresponding treat and regulations for streamlining the international patent filing process in one or more designated countries. The PCT provides significant advantages to the patent applicants whereby the innovators and research organizations can seek patent protection for an invention simultaneously in a large number of countries by filing a single “international” patent application instead of filing several separate national or regional patent applications.
It is important to note that while using the PCT for filing international patent applications, the agency governing PCT, i.e. the WIPO, acts as a filing authority and not as a patent granting body. Accordingly, the patent registration process, including the patent prosecution, remains under the control of the local patent office. As it is well known, the national or regional patent Offices handling such steps of patent prosecution and patent registration, are known as the local patent offices managing “national phase” proceedings.
What is PCT application procedure?
What is PCT International Phase Application?
The patent applicants can follow the PCT application procedure by filing an international patent application with the WIPO, which is generally known as the PCT International Phase. While filing a patent application under PCT International Phase, the main form required to be filled is PCT/RO-101, wherein details of priority patent application are stated along with details of patent applicants, inventors, designated countries, declaration of inventorship, details of legal representation (patent attorney), and the like.
Where can an international PCT patent application be filed?
The patent applicant can either file an international PCT application with a local / regional patent office, or directly with the International Bureau (IB) of the WIPO. At the time of filing such PCT application, the patent applicants are required to comply with the PCT formality requirements, in one language. In addition, the patent applicant is required to pay the requisite fees.
What is ISA (international search authority)?
With regards to the international patent filing process under the PCT, the applicants are required to select an “International Searching Authority” while filing the request form RO-101. In use, the ISA refers to one of the world’s major patent Offices (as provided by the WIPO) for identifying the published patent documents and technical literature (“prior art”) which may have an influence on whether the claimed invention is patentable. Accordingly, once the patent applicant selects the desired ISA, the ISA conducts a thorough patent search covering both the patent and non-patent prior art literature, and subsequently establishes a written opinion (WO) on the invention’s potential patentability.
What is PCT International Patent Publication?
Once the International Searching Authority (ISA) conducts a prior art search and establishes a written opinion on the patentability, as soon as possible after the expiration of 18 months from the earliest filing date, the content of the PCT international patent application is disclosed to the world by WIPO via its international patent database which is accessible over internet.
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