National registration of PCT application:
All PCT applications designating India are considered Indian patent applications filed on the international filing date. The period of entering the national phase is 31 months from the priority date.
The basic requirements for entering the national phase of India are as follows.
(I) an application specifying the name of the invention, the name, address and nationality of the inventor. Applicant.
(Ii) Complete specification including claims, drawings and abstracts submitted before the international office. If the application was submitted in a language other than English, it is an English translation that proved it.
(Iii) a predetermined fee based on cash / on-site confirmation / draft request.
Once nationwide processing is started, you need to submit the following documents with the application form or within the specified period.
(I) an assignment certificate for which the applicant is not an inventor,
(Ii) the declaration of the inventor by the applicant,
(Iii) statements and promises concerning the status of corresponding applications in other countries every six months,
(Iv) Authority to an agent (formally sealed)
(V) A copy of PCT / IB / 304 or priority document. If the priority document is in a language other than English, please translate the same thing in English and attach a certificate certifying it.
(Vi) International search report
(Vii) International preliminary examination report (if any).
During the transition to the national phase, the international application can be amended, but such amendment can not exceed the disclosure of the original application. External or new items will not be added.
Regarding two or more interim specifications, it is possible to submit complete specifications if the inventions disclosed to them are the same or mutually developed. However, payment of the fee will not be relaxed.
In the case of a PCT application, the examination request must be submitted within 48 months from the priority date.
After the examination request is submitted and the application is posted in the patent journal, the examiner will normally appoint the applicant as an examiner within one month of the application. The examiner will review the application and issue the official report to the administrator within 3 months usually within one month. Afterwards, the chief must report the report to the applicant within one month normally. The application will be judged on the following matters:
(I) Novelty,
(Ii)
(Iii) utility,
(Iv) Patentability based on patent law of 1970, and revised
(V) Expected.
Applicants will be offered in 12 months. We can not extend the time corresponding to the problem raised in the test report. Once the objection is fulfilled, the application form will be accepted by the regulatory authority, after which the intimacy of receipt will be issued by the Patent Office, and disposition will be made six months after the disposition of the prior grant and disposal date.
After six months from the date of grant of a patent, the patent application is granted to the patent application, and patent documents are issued.
The grant of a patent is valid for 20 years from the international filing date. It must be renewed annually by paying a prescribed fee from the third year from the year of the filing of the international patent application within three months from such accusation. After the patent is granted, the goods manufactured under the patented invention can be expressed as "patented". The number of the patent must be listed on the product.
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