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FORMAL REQUIREMENTS FOR NATIONAL PHASE ENTRY
OF PCT APPLICATIONS IN INDIA :

Kindly note that National Phase entry deadline in India is 31 MONTHS from the priority date or International filing date in absence of priority, both under PCT CHAPTER I and II. No extension of this period is possible.

MINIMUM REQUIREMENTS - To enter the National Phase of a PCT application in India and to obtain an entry date, we need at least the following information and documents:

  1. PCT publication pamphlet including front page, specification and Search Report and any amendment made under Article 19 together with statement under Article 19.
  2. Copy of PCT Request Form or PCT/IB/308, PCT/IB/304
  3. PCT/IPEA/409 and its annexes (only for Chapter II entry)
  4. Sequence listing for Biotechnology inventions (if applicable)

FURTHER REQUIREMENTS – The following documents are additionally required to complete the filing formalities :

  1. Verified English translation of PCT specification, if PCT specification is not published in English – This will have to be submitted within a period prescribed by the Patent Office, which is non-extensible. [Please click here to print/download the 'Verification' certificate']
  2. Certified Copy of Priority document (in the absence of PCT/IB/304) – This will have to be filed within three months of the request for the same by the Patent Office in India, and no extension will be granted.
  3. Verified English translation of Priority document, if specification of priority document is not in English – This will have to be filed within three months of the request for the same by the Patent Office in India, and no extension will be granted. [Please click here to print/download the 'Verification' certificate]

    In case of requirement of submission of Verified English translation of PCT specification (5) and Verified English translation of priority document (7), Verification Forms are required to be executed by the authorized translator of the Applicant, and is also required to be signed by the authorized official of the applicant company confirming that the translator is authorized to carry out such translation.

    It is strongly advised that 5, 6 & 7, wherever applicable, be submitted as soon as possible to complete the filing formalities.

  4. Power of Authority in original - This must be filed within three months from the date of filing, otherwise Patent Office will not take any further action on the patent application. [Please click here to print/download the 'Power']   [Please click here to print/download a specific 'Power']
  5. For “Proof of Right” to file a patent application in India, kindly provide us with any one of the following documents:
    1. Either a “Declaration by the inventors”(Proof of Right to make application for patent) executed by the inventor(s) and signed at least by two witnesses giving their full name and address below their respective signatures. Any two persons from your office can also act as signatories;             OR
    2. A copy of the World Wide Assignment, duly Certified or Notarized as a true copy (as may be recorded at the USPTO)             OR
    3. Application Form (Form 1) signed by the inventor(s) in Column 12. We can send the Form 1 only after filing the application in India, if you so require. However, we prefer using “A” or “B” as “Proof of Right” of the Applicant.

    Please provide us with either of the above-mentioned documents in original. A photocopy or scanned copy of such document will not be acceptable to the India Patent Office. The “Proof of Right” document must be filed within six months from the date of filing the application in India. [Please click here to print/download the 'Proof of Right']

  6. Particulars of corresponding applications in other countries viz. country name, application number, filing date and present status for filing Annexure to Form 3 - The “Annexure to Form 3” must be filed within six months from the date of filing the application in India. [Please click here to print/download the 'Annexure to Form 3' format]

FORMAL REQUIREMENTS FOR FILING CONVENTION APPLICATIONS IN INDIA :

Kindly note that deadline to file a convention application in India is 12 MONTHS from the priority date. No extension of this period is possible.

MINIMUM REQUIREMENTS - To file a Convention Patent Application in India and to obtain a filing date, we require the following :-

  1. Name, address and nationality of the applicant(s) and the Inventor(s).
  2. Basic home (priority) application number(s), date(s) and name of the applicant in the convention country. India is a member of the Paris Convention.
  3. English Specification with abstract (within 150 words) and drawings on A-4 size paper.
  4. Sequence listing (if applicable) on CD, for Biotechnology inventions.

FURTHER REQUIREMENTS – The following documents are additionally required to complete the filing formalities :

  1. Certified Copy of Priority document – This will have to be filed within three months of the request for the same by the Patent Office in India, as no extension will be granted.
  2. Verified English translation of Priority document, if specification of priority document is not in English – This will have to be filed within three months of the request for the same by the Patent Office in India, as no extension will be granted. [Please click here to print/download the 'Verification' certificate]

    In case of requirement of submission of verified English translation of priority document (6), Verification Forms is/are required to be executed by the authorized translator of the Applicant, and is also required to be signed by the authorized official of the applicant company confirming that the translator is authorized to carry out such translation.

    It is strongly advisable that 5 & 6, wherever applicable, be submitted as soon as possible to complete the filing formalities.

  3. Power of Authority in original - This must be filed within three months from the date of filing, otherwise Patent Office will not take any further action on the patent application. [Please click here to print/download the 'Power']   [Please click here to print/download a specific 'Power']
  4. For “Proof of Right” to file a patent application in India, kindly provide us with any one of the following documents:
    1. Either a “Declaration by the inventors” (Proof of Right to make application for patent) executed by the inventor(s) and signed at least by two witnesses giving their full name and address below their respective signatures. Any two persons from your office can also act as signatories;             OR
    2. A copy of the World Wide Assignment, duly Certified or Notarized as a true copy (as may be recorded at the USPTO)             OR
    3. Application Form (Form 1) signed by the inventor(s) in Column 12. We can send the Form 1 only after filing the application in India, if you so require. However, we prefer using “A” or “B” as “Proof of Right” of the Applicant.

    Please provide us with either of the above-mentioned documents in original. A photocopy or scanned copy of such document will not be acceptable to the India Patent Office. The “Proof of Right” document must be filed within six months from the date of filing the application in India. [Please click here to print/download the 'Proof of Right']

  5. Particulars of corresponding applications in other countries viz. country name, application number, filing date and present status for filing Annexure to Form 3 - The “Annexure to Form 3” must be filed within six months from the date of filing the application in India. [Please click here to print/download the 'Annexure to Form 3' format]
  6. IPC classification of priority document(s).
In India, all documents are required to be filed in English.





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