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PATENT
CO-OPERATION TREATY : It is an agreement for International cooperation in the field of patents.
It is, however, largely a treaty for rationalization
and co-operation with regard to the filing, searching
and examination of Patent Application
India has joined the Patent Co-operation Treaty
and has amended the Patent Law according to the
WTO commitments. The law has been amended in the
year 1999.
THE
REQUIREMENTS FOR FILING THE PCT APPLICATION
- Full name, address & nationality of applicant (s) and
inventor (s).
- Specification, provisional / complete drawings, claims
and abstract.
- List of countries to claim priority, if any, where the
application / applications for the grant of
patent has / have been filed, alongwith date
and application number
- POWER
OF ATTORNEY
PCT NATIONAL PHASE APPLICATIONS
Time Limit
31 months from the date of first priority or from
the date of filing of PCT Application.
Minimum Filing Requirments:
- Name, address and Nationality
of Applicants and inventors.
- PCT Application number
and Date of Filing.
- Priority Application
Number, Country and Date of Filing.
- Title of Invention.
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Complete Filing Requirements:
-
A copy of PCT Publication, International
Preliminary Search Report and International
Preliminary Examination Report (If Requested).
- Original
Patent specification, Claims and Drawings in
English else Translation thereof, if not in
English, duly verified by the Applicant or the
person authorized by the applicant.
-
Amended claims, if any, filed under Art. 19
of PCT.
-
Power of Attorney.
-
Assignment in favour of Applicant(s) from the
Inventor(s).
-
FORM PCT IB/304 (Form of Notice of transmittal
of Priority Documents).
- Information
regarding the status of application filed in
other countries, if any, at the earliest possible
and not later than 3 months of any change in
the status of application(s).
APPLICATION CLAIMING
CONVENTION PRIORITY
Time Limit
The Indian application has to be filed within
12 months of first filing in convention country.
Documents Required
- Certified copy of Priority
documents.
- True Translated copy
of complete specification filed in convention
country in English.
- Certificate from the
applicant confirming that translation is true
and correct.
- Power of Attorney
- Assignment in favour
of Applicant(s) from the Inventor(s).
- Information regarding
the status of application filed in other countries,
if any, at the earliest possible and not later
than 3 months of any change in the status of
application(s).
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