In Parts 1 and 2 of our series, our friends at Kan and Krishme were kind enough to share information on filing requirements for India and a comparison of the patent prosecution process between India and the United States. In the final part of our series, we present a timeline for filing a PCT application into India:

Deadline for filing of the application Within 31 months from the date of earliest priority
Form 3 for filing a statement and undertaking regarding corresponding foreign applications Within 6 months from the date of filing of application; updated details should be furnished within 6 months, if any
Form 5 At the time of filing
POA At the time of filing or as soon as possible after filing of the application
Assignment Within 6 months from the date of filing of application; updated details should be furnished within 6 months, if any
Priority document Form PCT/IB/304 or certified copy of priority document
Verified English translation (when priority document is not in English) Within 3 months from the date of issuing such direction by the Indian Patent Office
Publication under Section 11(A) After completion of 18 months from the date of filing
Express Request for Examination Within 31 months from the earliest priority date with additional official fee
General Request for Examination Within 48 months from the earliest priority date
Biological material No later than the filing date and the reference number has to be made in the specification within 3 months from the filing date
Reply to first office action Within 12 months from the issue date of First Examination Report
Renewal fee Within 3 months from the date of issue of the Letters Patent document
Form 27 (on statement regarding working of a patented invention on a commercial scale in India) The Patentee shall furnish such statement in respect of every calendar year within 3 months of the end of each year

Planning to file into India? Visit the resources page of our website for more information on PCT national stage entry or download our PCT e-kit for country-specific details on the foreign filing process.

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