PCT National Phase Patent filing in India:PCT national phase patent application has to be filed in India after filing of PCT application in WIPO and within 31 months from date of priority and accompanied by a complete specification in English. The English translation of the priority documents (if filed in language other than English) should be filed within 31 months from the date of earliest priority or within 3 months of requisition made by the Controller. Either DAS code or PCT/IB/304 can be provided towards certified copy of prioriy document. Where DAS Code or PCT/IB/304 is not issued by WIPO, certified copy of the priority documents should be filed within 31 months from the date of earliest priority.

The basic mandatory requirements for filing a PCT National Phase Patent Application in India are as follows:

1.     PCT Application no. & International filing date

2.     Earliest Priority date

3.     Title of the invention

4.     English Translation of PCT Complete specification with claims, abstract and drawings in English or English translation

Other requirements for filing PCT National phase Patents in India:

1.     Declaration as to inventorship within 1 month of filing application

2.     Certified copy of priority document where PCT/IB/304 not issued by WIPO within 31 months from date of priority

3.     English translation of Complete Specification, Priority document along with verification in support within 31 months from date of priority or within 3 months of requisition made by the Controller.

4.     Details of all corresponding foreign application within 6 months of filing of application and/or within 6 months of filing of Patent application in any country outside India.

5.     Proof of right in favour of applicant from inventor in writing (assignment deed, employment agreement or any other arrangement) preferably notarised within 6 months from filing of application.

6.     Power of authority in favour of Indian Patent Attorney/ agent, to be stamped in India, notarisation not necessary. Should be filed as soon as possible so that the application can be proceed towards publication at the earliest and must be filed within 3 months of demand raised by the Patent office.