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    Khyati Legal 08

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    Siddhesh Mahadik
    The document discusses the Patent Cooperation Treaty (PCT) application process. The PCT allows filing a single international patent application in one language that has the effect of separate filings in each PCT member country. To file a PCT application, documents like the claims, description, abstract, drawings and priority details are submitted to a Receiving Office. The application then undergoes an international search and written opinion by an International Searching Authority to identify relevant prior art, followed by international publication at 18 months. Applicants can optionally request supplementary searches or international preliminary examination for additional analysis before national phase entry in specific countries.

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    Khyati Legal 08

    Uploaded by

    Siddhesh Mahadik
    61 views2 pages
    The document discusses the Patent Cooperation Treaty (PCT) application process. The PCT allows filing a single international patent application in one language that has the effect of separate filings in each PCT member country. To file a PCT application, documents like the claims, description, abstract, drawings and priority details are submitted to a Receiving Office. The application then undergoes an international search and written opinion by an International Searching Authority to identify relevant prior art, followed by international publication at 18 months. Applicants can optionally request supplementary searches or international preliminary examination for additional analysis before national phase entry in specific countries.

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    Khyati legal 08

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    The document discusses the Patent Cooperation Treaty (PCT) application process. The PCT allows filing a single international patent application in one language that has the effect of separate filings in each PCT member country. To file a PCT application, documents like the claims, description, abstract, drawings and priority details are submitted to a Receiving Office. The application then undergoes an international search and written opinion by an International Searching Authority to identify relevant prior art, followed by international publication at 18 months. Applicants can optionally request supplementary searches or international preliminary examination for additional analysis before national phase entry in specific countries.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    61 views2 pages

    Khyati Legal 08

    Uploaded by

    Siddhesh Mahadik
    The document discusses the Patent Cooperation Treaty (PCT) application process. The PCT allows filing a single international patent application in one language that has the effect of separate filings in each PCT member country. To file a PCT application, documents like the claims, description, abstract, drawings and priority details are submitted to a Receiving Office. The application then undergoes an international search and written opinion by an International Searching Authority to identify relevant prior art, followed by international publication at 18 months. Applicants can optionally request supplementary searches or international preliminary examination for additional analysis before national phase entry in specific countries.

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    Patent co-operation treaty application

    What is a Patent?

    A patent is an exclusive right to a product or a process that generally provides a new way of
    doing something, or offers a new technical solution to a problem.
    To get a patent, technical information about the invention must be disclosed to the public in a
    patent application.
    The patent owner may give permission to, or license, other parties to use the invention on
    mutually agreed terms.

    While India has its own act (The Patents Act, 1970) to amend and consolidate the law relating to
    patents, one needs to file an application through Patent Cooperation Treaty if they seek patent
    protection internationally.

    Patent Cooperation Treaty Application

    The Patent Cooperation Treaty (PCT) assists applicants in seeking patent protection
    internationally for their inventions. It is a Patent "filing" system and not a Patent "granting"
    system. A single filing of a PCT application is made with a Receiving Office (RO) in one
    language.
    The patent cooperation treaty is an international treaty with more than 145 contracting states. It
    is administered by World Intellectual Property Organisation (WIPO).

    When did India join the PCT?

    India deposited its instrument of accession to two international treaties with the Director-General
    of WIPO in Geneva.
    The two treaties were the Paris Convention for the Protection of Industrial Property and the
    Patent Cooperation Treaty (PCT).
    Both treaties are binding on India since December 7, 1998.

    The PCT extends the benefits of the Paris Convention by allowing the inventor to file an
    'International Patent Application' that has the effect of filing a separate patent application in each
    of the PCT member countries designated by the inventors.
    India is a member of the patent cooperation treaty which allows Indian citizen to file a patent
    internationally and allow foreign applicant to file their patent in India.

    Procedure of filing PCT in INDIA(*)

    I. Filing:

    One files an international application with a national or regional patent Office or WIPO, fulfilling
    the PCT formality requirements in one language and payment of fees. Filing PCT completes
    within 31 months from the date of priority.

    Documents required for PCT filing:


    1. English translated copy of claims, description, abstract and drawings
    2. Form PCT/IB/304 or international application, if the applicant has not received the form
    3. Name, address and nationality of the applicant and inventor.
    4. Title of invention, priority application number, date of filing

    Other documents required for filing PCT:

    1. Address for service in India


    2. Power of authority, if a patent agent is appointed
    3. Instrument of assignment, in case the inventor is not the applicant
    4. Verification of the translated document

    II. International Search:

    International Searching Authority (ISA) identifies the published patent documents and technical
    literature (“prior art”) which may have an influence on whether your invention is patentable, and
    establishes a written opinion on your invention’s potential patentability.

    III. International Publication:

    After the expiration of 18 months from the earliest filing date, the content of your international
    application is disclosed to the world.

    IV. Supplementary International Search (optional):

    At applicant’s request, another ISA identifies the documents which may not have been found by
    the first ISA which carried out the main search because of the diversity of prior art in different
    languages and different technical fields.

    V. International Preliminary Examination (optional):

    At the applicant’s request, an ISA can run an additional patentability analysis, usually on a
    version of your application which you have amended in light of content of the written opinion.

    VI. National Phase:

    Once the application enters the national phase, the concerned national or regional patent
    Offices begin the process of determining whether they will grant you a patent. The PCT
    International Search reports, written opinions and if opted, the international preliminary
    examination facilitate the examination these offices undertake.

    (optional) (if opted)


    Supplementary Supplementary
    International International
    Search Search Report
    [22 months] [28 months]
    International
    File Local File PCT search report International Entering the
    application application and written Publication National Phase
    [0 months] [12 months] opinion [18 months] [30 months]
    [16 months]
    (if opted)
    (optional)
    International
    International
    Preliminary
    Preliminary
    Report on
    Examination
    patentability
    [22 months]
    [28 months]

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