The national phase in India is the second of the two major phases of the PCT procedure. The applicant files applications in each country of his choice, national phase starts. If applicant selects the PCT application in India and is also chosen in the demand for preliminary examination filed within 19 months of the priority date. Therefore, the applicant has to enter the national phase within 31 months from the priority date. However, in India the time limit for national phase entry is only 21 months from the priority date, when India is not selected by the applicant in the demand for preliminary examination.
We require the basic requirements for entry into national phase in India
PCT National Phase Entry in India
- Application set out the title of the invention, addresses, names, and Nationality of the inventors and applicants.
- Complete specification as filed before the International office with drawings, claims, and abstract.
- Prescribed Fees in cash/ demand draft.
India deposited its instruments of accession to the Paris Convention for the Protection of Industrial Property and to the Patent Cooperation Treaty on September 7, 1998. Since December 7, 1998, it has been possible to elect India in the demand for preliminary examination and to designate in India in PCT applications.
If India is a designated country in the PCT application, which is also elected in the demand for preliminary examination filed within 19 months of the priority date, then the deadline for entry into the National Phase in India is 31 months from the Priority Date. If the applicant does not so elect India in the demand for preliminary examination, then the deadline for entry into the National Phase in India is 21 months from the Priority Date. So, all applicants will be able to file PCT National Phase applications in India, Who have designated India in their PCT application field on or after December 7, 1998.
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