Guide to PCT filing procedure in India

1.  Blog PCT National Stage Filing in India: Know the Facts Our team is here to help  PCT National Stage Filing in India: Know the Facts

2. India as one of the top 5 economies and soon to be the third largest economy, is a crucial player for national-stage PCT ?lings for any corporate or startup. To secure patent protection in India as national phase entry via the PCT route, applicants must ?le in India by following the regulations set forth in the Indian Patents Act. Unlike many other countries, the Indian Patent O?ce (IPO) does not permit substantive amendments while ?ling the national phase, except for deleting claims. National stage ?ling requirements in India The process of ?ling a PCT application in India involves adhering to speci?c requirements outlined by the Indian Patent O?ce (IPO). For a PCT application in India, submissions must be in English or Hindi, the o?cial languages. To secure a ?ling date, the Indian Patent O?ce requires: You need to ?le the national stage by 31 months A full speci?cation comprises a description, claims, abstract, and drawings in either English or Hindi as per the PCT ?ling You need a address of service in India.(Address of patent agent for nonresident applicants) Priority claim particulars: date, application number, and country Payment of the prescribed ?ling fee Notarized Power of Attorney (POA) is must for agent ?ling Meeting these requirements accurately and promptly is essential to successfully initiating the PCT national phase in India. Examination Filing Timeline As of now the timeline for ?ling examination of a national phase patent application in India is 48 months from the priority date or date of ?ling the international application. In future your timeline will reduce to 31 months from the priority date or ?ling date. Post Examination Process

3. Post examination FER (First Examination Report) will be issued by the patent o?ce, we need to reply within 6 months, time can be extended in addition fees Post FER reply if still there are open issues, the “HEARING” will be called by controller to address and settle the pending issue. Once the patent is granted maintenance fee due needs to be paid within three months. Maintenance fee is counted third year onwards. Post grant every year fees need to be paid to keep the patent alive. Every year “Statement of working of the invention” needs to be ?led in the patent o?ce to keep the patent alive The o?cial fees are different for individual startup vs. corporate Einfolge: Expert for national stage ?ling Einfolge is a leading provider of national-stage ?ling services in India, offering expertise, reliability, and customized solutions to meet the diverse needs of clients. Our team includes a number of patent agents with extensive knowledge and experience in navigating the intricacies of patent ?lings, so we can offer complete support and guidance throughout the ?ling process, ensuring that our clients receive the best possible service. Einfolge offers cost-effective solutions for maintaining patents in India. Einfolge is committed to providing timely and cost-effective solutions without compromising on quality.

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