Procedure for filing Patent application under PCT – PCT Filing in India
The patent cooperation treaty, also known as the PCT, came into existence in the 1970s. This Treaty is a legal agreement between different countries. The objective of the PCT is to streamline the initial filing process, making it simpler and more affordable to file a patent application in a large number of countries. You achieve this by filing an “international patent application.”
It usually is filed with the national patent office of the Contracting State of which the applicant is a citizen or resident or, at the applicant’s option, with the International Bureau of WIPO in Geneva. If the applicant is a national or resident of a Contracting State party to the European Patent Convention, the Harare Protocol on Patents and Industrial Designs (Harare Protocol), the Bangui Agreement, or the Eurasian Patent Convention, the international application may also be filed with the European Patent Office (EPO), the African Regional Intellectual Property Organization (ARIPO), the African Intellectual Property Organization (OAPI) or the Eurasian Patent Office (EAPO), respectively.
PCT provides a platform for applicants seeking patent protection for their inventions internationally. By filing one international patent application under PCT, applicants can simultaneously obtain protection for their invention in a large number of countries.
Procedure to file PCT application (PCT Filing).
In 1998 India signed this treaty. If you want to file the same patent in multiple countries for this thing this treaty has been created. If you are not sure as to which country you should commercialise the patented product. So the patent cooperation treaty gives you thirty months from the date of first filing to file the patent application. Along with that it also gives you International search reports. This report will help you in whether to file a patent application further in other countries.
You can file PCT application (PCT Filing in India) either with a regional office like Indian Patent office or you can file PCT application with International Bureau- World Intellectual Property Right organization office in geneva, Switzerland. PCT application has to be filed within twelve months from the date of Regional/ Indian patent filing date by claiming priority. Now if you directly want to file an application in Patent Cooperation treaty and not in regional office, for that you need to take permission from Indian Patent office.
Usually, we file a PCT application (PCT Filing) with the International Bureau because it is very cost- effective. There are three phases involved first are International application fees, International searching authority fees and priority fees. Priority fees are only applicable In case you have filed the application in a regional office. After filing PCT application your patent application will be examined within nine months only in case you have the PCT application directly with the International Bureau or sixteen months if you have filed PCT application with claiming priority. International preliminary examination concluded with the establishment of the International Preliminary Report on Patentability (IPRP) by one of the International Preliminary Examining Authorities. (Optional) Communication of published international application, ISR, and other reports (optional) to the national and/or regional Offices (designated states) by the IB where the applicant wishes to receive patent protection.
