Comprehensive Guide to PCT International Application

The Patent Cooperation Treaty (PCT), an international treaty administered by the World Intellectual Property Organization (WIPO), allows applicants to seek patent protection in multiple countries through a single application. After, filing the patent application, the PCT application can be filed within 12 months.

Salient Key Features of PCT Application

1. International Filing: With a PCT application, applicants can file one application in one language and choose multiple member countries where they seek protection.
2. Extended Timeline: The PCT process provides up to 30 or 31 months (depending on the country) from the priority date to enter the national phase in the designated states, offering more time for market evaluation and strategic decisions.
3. Centralized Examination: The International Searching Authority (ISA) conducts a search for prior art and provides an International Search Report (ISR) along with a Written Opinion on patentability. This report gives applicants a preliminary idea of the patentability of their invention.
4. Optional Preliminary Examination: Applicants can request an International Preliminary Examination, which offers an additional layer of feedback on the patentability of their invention.

Procedure of a PCT Application

Advantages of PCT Application

A single application suffices to secure registration across all designated countries, streamlined in just one language.
Submitting an international application eliminates the need for multiple filings during the initial stages.
Extended timelines empower applicants to evaluate the commercial viability of their invention before committing to specific jurisdictions.
The International Search Report and Written Opinion offer crucial insights for patent applicants, serving as a strategic guide in refining their inventions and claims.
With coverage spanning over 150 countries, the Patent Cooperation Treaty (PCT) provides an expansive geographical reach, enabling robust international patent protection.

PCT National Phase Entry in India

An applicant can file an Indian National Phase Entry (NPE) within 31 months from the priority date, which is extendable to 6 months by paying additional correspondence fee. The official languages for patent registration in India are English and Hindi. It is possible to file an application in a foreign language, provided that a verified translation into English is included. Indian Patent office (IPO) now started to act as International Search Authority (ISA) and International Preliminary Examining Authority under PCT.

Representation of Applicant

In India, it is mandatory for applicants to provide an address for service. For foreign applicants, it is recommended to engage the services of a registered Indian Patent Agent or Attorney to ensure seamless handling of the application process.

Formal Requirements

Complete specification of the invention along with claims in English language
Details of Applicant/Inventor – Name, Address & Nationality
Priority document
Payment of the prescribed filing fee
A scanned copy of the Power of Attorney can be submitted within 3 months from the filing date, however, the original should be submitted within 15 days from receiving corresponding notification from the Office, if requested.
If the applicant is not the inventor, a copy notarized in the original of the Declaration of Inventorship, assigning the rights in the invention to the applicant, should be provided within 6 months from the date of filing a patent application in India.
Alternatively, an Application for grant of patent having the Inventor’s signatures that assign the rights to the applicant, will also be submitted and provided within 6 months from the date of filing of the patent application in India.