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Browse Indian Patents from 2005 by Weekly Journals

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An International patent application has two phases. The first phase is the international phase in which patent protection is pending under a single patent application filed with the patent office of a contracting state of the PCT.

The second phase is the national and regional phase which follows the international phase in which rights are continued by filing necessary documents with the patent offices of separate contracting states of the PCT.

An International patent application can be filed in any of the Branch Offices of the Patent Office located at New Delhi, Chennai, Mumbai and Kolkata (Head Office). Any of these Offices shall function as receiving office, designated office and elected office for the purpose of international applications filed under the Treaty.

An International patent application shall be filed in the Patent Office which would process the application in accordance with these rules and the provision under the PCT. Provided it complies with the minimum requirements for obtaining an international filing date, your international application has the effect of a national patent application in those PCT Contracting States which you have “designated� in your application.

It has the effect of a regional patent application in those PCT Contracting States which are also party to a regional patent treaty (the ARIPO Harare Protocol, the Eurasian Patent Convention, the European Patent Convention and the OAPI Agreement), provided they are designated for the regional patent concerned. (It should be noted that, for some of these States, only a regional patent can be obtained via the PCT.)

Because an international patent application must be prepared in accordance with certain requirements set out in the Treaty and Regulations, which have become international standards effective in all of the PCT Contracting States, subsequent adaptation to varying national (or regional) formal requirements ( and the cost associated therewith) will not be necessary.

The granting of a patent remains the responsibility of the national or regional Offices but the start of the processing of the application before those Offices (the “national phase� or “regional phase�), including examination as to substance, is generally delayed until after the end of the 30th month from the priority date.

An International patent application designating India shall be treated as an application for patent under the Act. The advantages that are offered by filing an“international� patent application under the Patent Cooperation Treaty (the “PCT�). By filing one international patent application under the PCT, and designating any or all of the PCT Contracting States, you can simultaneously seek patent protection for an invention in each of a large number of countries.