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PCT APPLICATION IN INDIA |
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When your patent application enters into National Phase of India as PCT Application…….. |
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HOW DOES THE NATIONAL PHASE START?
The national phase start only if the application performs certain acts, either before the expiration of a certain time limit or together with an express request that it start earlier. The applicant should not expect any notification inviting him to perform those acts (though in some designated/elected Offices, he may receive such invitations). It is his sole responsibility to perform them in due times, even though, for example, the international search report or if applicable, the international preliminary examination report is not yet available.
THE TIME LIMIT FOR ENTERING THE NATIONAL PHASE
BEFORE DESIGNATED OFFICE --- Where the application has filed a demand for international preliminary examination/search report(as per the status), the time limit within which the applicant must enter the national phase by performing certain acts is governed, for the designated Offices, by Article 22 and Article 39 (1), in case of DO/IN it is 31 months from the priority date. REQUEST FOR EARLIER START OF THE NATIONAL PHASE
Although as indicated in PCT Articles 23 & 40, the national processing may not start before expiration of the time limit of 21 months from the priority date for DO/IN and 31 months from the priority date for EO/IN. The applicant has the option to make an express request to the concerned office to start the processing and the examination of the international application earlier. However such a request is not effective, unless the applicant has performed the prescribed acts.
ACTS TO BE PERFORMED FOR ENTRY IN TO THE NATIONAL PHASE
An applicant desirous of entering the Indian national phase before DO/IN or EO/ON is required to perform certain acts within the time limit applicable for entry into the national phase [ under PTC Article 22 or 39 (1)]. We have used the sentence "performance of certain acts" quite often above; the actual meaning of the same is meeting the requirements as laid down in the Treaty. The requirements are of two types, namely(a) basic requirements and (b) additional special requirements to be complied with by the applicant in connection with the national phase.
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