PCT National Phase Patent in India

An application for PCT National Phase Patent in India consists of details of the applicant, inventors and priority claim, along with a copy of the Complete Specification. One can enter National Phase in India within 31 months in case of a PCT application.

Filing requirements are:

1. Name, address and nationality of each inventor and applicants
2. A copy of the Complete Specification which must include claims, abstract and drawings
3. Verified English translation of the priority documents
4. A Power of Attorney signed by an applicant or an authorized person of each applicant
5. Proof of Right: a document transferring the rights from inventor to the applicants
6. Information about the status of the patent applications filed in other jurisdictions for the same invention.

Every complete specification for a PCT National Phase Patent in India shall:

1. fully and particularly describe the invention and its operation or use and the method by which it is performed.
2. disclose the best method of performing the invention which is known to the applicant for which he is entitled to claim protection.
3. end with a claim or set of claims defining the scope of the invention for which the protection is claimed.
4. refer to the deposit of the biological material in the international depository authority, if applicable; and
5. be accompanied by an abstract.

These documents need to be in ENGLISH.

Do note that:
A request for examination must be filed within 48 months of the earliest priority date, failure to do so would result in the application deemed to be withdrawn.