PCT National Phase

PCT National Phase

January 30th, 2009 | by Ramaswami |

Our clients from around the world leverage our experience in filing Patent applications in India

PCT applications can be filed in an approved receiving office or at the International Bureau at WIPO in Geneva. PCT has two phases – the international phase and a national phase. National Phase begins only when an applicant has filed applications in each country selected separately before the expiry of the relevant timeframe. The patent rights will be lost if the applicant fails to apply in time.

National Phase filing in India

If India is a selected country in the PCT application by the applicant and is also chosen in the demand for preliminary examination filed within 19 months of the priority date, then the applicant has to enter the national phase within 31 months from the priority date. However, the time limit for national phase entry in India is only 21 months from the priority date, if the applicant does not select India in the demand for preliminary examination.

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