Patent Filing Requirements in India before the Indian Patent Office

31 Months Deadline to Enter National Phase or Regional Phase under PCT, WIPO in India

The patent document filed in India under PCT route should be in English. However, if the original patent document is in another language a translation copy in English language of international patent application is required to be submitted before the Indian Patent Office.

Under national phase while entering India, the details of the patent application should be in accordance with PCT Article 22 where patent description, and patent claims have been amended should include both copies as originally filed and as amended, together with any statement under PCT Article 19.

Advantages of PCT Patent filing before WIPO

By filing patent before WIPO provides the patent applicant with the ease to seek patent protection for an invention in many countries at a same point of time by filing a single PCT International Patent application instead of filing separate national patent applications in individual countries. However, the authority of granting patents is with the national patent offices for example, if a USA based inventor is entering India under national phase then the Indian patent Office has the authority to grant or reject the invention.