Part 1 of our series compared the patent filing processes for India and the United States. In Part 2, we provide the filing requirements for national phase entry into India, shared with us by our colleagues at Kan and Krishme.
Filing requirements for PCT national stage entry into India:
- Name, address, and nationality of Applicant(s) and inventor(s)
- PCT application number
- Priority application number, date of filing and country
- Original patent specification, claims and drawings in English
- Amended claims, if any, filed under Art. 19 of PCT
- If IPER is requested, any amendment must be annexed to IPER
- A copy of PCT Request, International Preliminary Search Report and International Preliminary Examination Report (click here for link to forms)
- Declaration of inventorship
- Power of Attorney
It is important to note that the time limit for entry into the national phase is 31 months from the date of earliest priority. If the Applicant desires to expedite the processing of the national phase application into India, it is advisable to file express request for examination at the time of entry to ensure that the examination process begins before the deadline for the national phase expires. If the Applicant enters the national phase early and does not file express request, the examination process of the application does not start until the expiration of the deadline for entry into national phase.
Check back again tomorrow for the third part of our series on "Patent Prosecution in India." For more information on PCT national stage entry into India, or any other PCT country in the inovia agent network, you can download our free e-kit here.