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PCT National Phase in India

Your reliable partners in India

PCT – National Phase In India (31 months from Priority Date)

With a team of registered patent agents, Origiin is your best partner to file and prosecute PCT-National Phase (PCT-NP) applications in India.

 

Timeline to file PCT-National Phase application in India

 

The National Phase application shall be filed within 31 months from the Priority Date.

 

Basic details Origiin needs

  1. PCT application number and international filing date.
  2. Name, address, particulars and nationality of applicant/s for patent
  3. Name, address and nationality of inventor/s of patent
  4. English Translation of PCT Application i.e. description, claims, abstract, drawings (if any), sequence listing (if any)
  5. Priority Application details- Title and IPC Code, Priority Application no. and priority date and priority country

Discount in Official Fee for natural persons/ start ups/ small entity

 

Indian Patent Office allows 80% deduction on the Official fee for individuals/Start-ups. Start up refers an entity, where-

 

(i) more than five years have not lapsed from the date of its incorporation or registration;

 

(ii) the turnover for any of the financial years, out of the aforementioned five years, did not exceed rupees twenty-five crores; and

 

(iii) it is working towards innovation, development, deployment or commercialisation of new products, processes or services driven by technology or intellectual property.

 

Small entity means-

 

(i) in case of an enterprise engaged in the manufacture or production of goods, an enterprise where the investment in plant and machinery does not exceed the limit specified for a medium enterprise under clause (a) of sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006); and

 

(ii) in case of an enterprise engaged in providing or rendering of services, an enterprise where the investment in equipment is not more than the limit specified for medium enterprises under clause (b) of sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006

 

Fee

The Official fee as applicable based on the legal status of the applicant. Click here to see fee schedule of Indian Patent Office:

 

http://www.ipindia.nic.in/writereaddata/Portal/IPOFormUpload/1_11_1/Fees.pdf

 

Steps

The National Phase Application filing in India includes the following steps:

 

        1. Filing the Application: The National Phase Application shall be filed with all relevant forms.
        2. Publication of the application in Official Gazette
        3. Filing the request for Examination within 48 months from the date the Priority date
        4. Intimation of receipt of First Statement of Objections
        5. Drafting and Filing the response to First Statement of Objections
        6. Attending hearing before the Controller followed by drafting and filing the response within timeline of 15 days.
        7. Intimation of Order/Decision of the Controller
        8. Register of Patent Certificate
        9. Annual Renewal of Patent
        10. Annual Filing of working of Patents

Note: Expediated Examination if the applicant has opted IPO as ISA during PCT Application or if the Applicant is eligible as per Amended Patent Rules 2018

Do not hesitate to get in touch with us at any time

Origiin IP Solutions LLP
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