What is PCT Application
The Patent Cooperation Treaty (PCT) is an international patent law treaty. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application.
What is a National Phase Application?
A PCT application does not itself result in the grant of a patent, since there is no such thing as an “international patent”, and the grant of patent depends on each national or regional authority.
In other words, a PCT application, which establishes a filing date in all contracting states, must be followed up with the step of entering into national phases to proceed towards grant of one or more patents.
The PCT procedure essentially leads to a standard national or regional patent application, which may be granted or rejected according to applicable law, in each jurisdiction in which a patent is desired
The patent applications which are filed in individual contrasting countries of PCT is generally referred as “National Phase Application”
Timeline to enter into India
Requirements/Documents required to be filed
Below documents need to be submitted while filing National Phase application in India
Can I amend the specification or claims before filing?
Fee to be paid to the Indian Patent Office would be calculated based on
Indian Patent office categorized applicants into 4 types
Below table summarizes fee to be payable to the Indian patent office (e-filing)
|Small Entity (SME)
|Other than small entity (Corporates, Companies etc.)
Each page in addition to 30
Each claim in addition to 10
| $ 62
The final fee to be paid to the Indian patent office may vary as it depends on exchange rates.
For easy conversion, we have considered 1USD = INR 65
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