PCT is stated by Patent Cooperation Treaty that needs to file under World Intellectual Property Organization WIPO. PCT is an international patent authority that looks after all the matters and issues relate to patent registration and litigation and other patent services. There are almost 125 countries tagged with PCT where India is one of them. Thus, it needs all Indian trademark applicants to file an application with PCT and also persist foreign applicants to file an application in India in respect of PCT. It is the one of the famous legal tool to file a patent application for several countries in one go.
Filing a PCT Application
PCT application may be filed directly to the PCT office in Geneva and also can be submitted at registered receiving office situated at different countries. Under filing a pct application; one needs to hold the countries where applicants want to file an application. The first 5 options are paid and rest are free of cost. Means applicants needs to pay fee for first 5 countries that vary from one country to another and rest options are free to choose. Despite of selecting one country; there is also a channel where you can choose multi-country regional offices like ARIPO or EP.
PCT Filing Steps and ProcedureWhile filing a PCT application it is necessary to get through the complete procedures and rules as per the prescribed law. Here, below we bring you with PCT filing steps and procedures where on need to adhere with.
- Need description of proposed patent in any form like text, or in form of drawing as in similar way it mentioned in PCT Gazette that should be in English translation.
- An application need to be obtained in two copies.
- Name, addresses and detail of inventors.
- Power of attorney along with international search report.
- Need IPER to submit that is International Preliminary Examination Report.
- Form PCT/IB/304 and other legal documents with certified copies.
- Form PCT/IB/306 if in case the name of the applicant has got changed.
- Details of claims or amendments made during the PCT International Phase.
- Need to mention details about priority applicants.
- Details of any other patent application filed earlier for any other foreign patent authority.