PCT Patent Filing in India – Frequently Asked Questions – FAQs

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.patent attorney in india

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.

As strategic patent counsel, we work with clients in aligning the patent prosecution process with client’s core business strategies, in addition to drafting patent claims, patent application preparation and prosecution focused on securing patents, determining freedom-to-operate rights, and analysing validity of granted patents.

We serve as patent prosecution attorney for clients across a wide range of sectors, including, computer software, mobile applications, aeronautics, automobiles, internet of things, robotics, artificial intelligence, blockchain, cryptocurrency and drones, as well as manufacturers. In life science category, clients range from healthcare, biotechnology, pharmaceutical, energy and environmental industries.

As patent attorney with expertise in software patents and mobile app patents along with Internet of Things (IoT), we regularly advise clients to embody business methods as technology patents because a business method patent can serve as a powerful asset for companies to leverage their intellectual property assets. At the beginning of the patent process, we determine the patentability, scope and enforceability of the innovate process and product. Patent attorney also works with clients in securing patents for clean technology sector, including, green technology inventions, energy generation, conservation, renewable energy inventions, etc.

Patent attorneys generally possess dual qualification in technology and law, mostly with advanced degrees in technical fields such as pharmaceuticals, mathematics, chemistry, biochemistry, genetics and aeronautics. At Law Office of Rahul Dev — Tech Corp Law Group, we assist clients as a team of professionals having prior work experience in technical fields such as engineering and manufacturing, aerospace, robotics, plastics, computer software, biochemistry, molecular biology and neuroscience. Our core patent services include, patent research, patent analytics, patent searching, patent prosecution, non-infringement and freedom to operate opinions, technology transactions and licensing, as well as alternate dispute resolution and commercial litigation.

As licensed patent attorney, we represent clients during the entire patent registration process in India, including filing of patent applications and trademark applications. We advise clients regarding duration of a patent and a trademark, patent and trademark renewals, patent filing forms, patent filing fee, trademark filing forms, trademark filing fee, protecting process and product both by patents, protecting brand and logo both by trademarks, analysing patent portfolio for strength and weaknesses, etc.

Rahul Dev, Patent attorney in India, has conducted sessions for clients to convey the message that patent provides a strong protection for innovations, and having patent rights in India can help in resolving patent-related problems in addition to protection of intellectual property rights.

We work with clients to formulate a long-term patent strategy to protect the patentable inventions, drafting of patent applications, filing patent applications in India, initiating legal actions against patent infringing parties, along with developing custom-tailored solutions to complex patent and legal matters.

Law Office of Patent Attorney Rahul Dev provides comprehensive solutions to all intellectual property needs of clients, including patent filing services in India. We operate as a close network of patent attorneys, patent agents and patent lawyers enrolled with Indian patent office and bar councils in India.

We assist individual researchers and inventors who develop novel and inventive technologies by searching relevant prior art (patent database and non-patent literature), determining patentability of invention, drafting patent applications, filing domestic and international patent applications in India, filing design applications in India, filing trademark applications in India, providing offshore patent services to global patent attorneys and patent law firms, providing patent outsourcing services, and the like.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyerpracticing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter

Quoted in and contributed to 50+ national & international publications(Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech)

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filingspatent services in India and global patent consulting services.

We represent our clients as leading patent lawyer in Gurgaon and patent attorney in Gurgaon for providing various patent services in India.