PCT Patent Requirements
Basic requirements:
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Under the said
basic requirements, to start the national phase in India, the applicant is
required to file the following with the DO/IN or EO/IN within the prescribed
time limit:
1.
An application on a plain paper
(national form is not mandatory, however the option remains with the
application)
2.
National fee in INR
3.
Where the international application
has not been filed or published in one of the official language of DO/IN or
EO/IN as the case may be, a translation of the application (this replace the
requirements in (i), above) in one of the official languages, [under PTC
Article 22: Description, claims , any text matter of drawings, abstract (if
any of those parts has been amended, both as originally filed and amended by
the annexes to the international preliminary examination report)].
Additional
special requirements:
Under the said
additional special requirements (PCT Rule 51bis), no designated Office is to
require before the expiration of the applicable time limit for entering the
national phase, the performance of acts other than those referred to in
Article 22, namely the payment of the national fee, furnishing of a
translation and in exceptional cases, the furnishing of a copy of the
international application, and indication of the name and address of the
inventor. All other requirements of the national processing has started.
As
per DO/IN or EO/IN the special requirements of the Office are as follows:
1. Name and address of the inventor if
they have not been furnished in the "Request" part of the international
application.
2.
Instrument of assignment or transfer
where the applicant is not the inventor.
3.
Document evidencing a change of name
of the applicant if the change occurred after the international filing date
and has not been reflected in a notification from the International Bureau
(From PCT/IB/306).
4.
Declaration of inventorship by the
applicant.
5.
Statement regarding corresponding
applications in other countries.
6.
Power of attorney as per draft
enclosed.
7.
Address for service in India.
8.
Verification of translation.
9.
International application or
translation to be furnished in three copies.
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Posted in: INDIAN PATENT SYSYTEM,PATENT IN INDIA
