PCT National Phase Entry India: Complete Process Navigator

Master the 10-step process for entering Patent Cooperation Treaty (PCT) national phase in India with our comprehensive guide and interactive navigator.

⚠️ Critical Deadline: 31 Months from Priority Date

PCT National Phase Process Navigator

Follow this step-by-step guide to successfully enter PCT national phase in India within the 31-month deadline

1
Power of Attorney (POA) Foundation
Execute Form 26 Power of Attorney to establish legal representation with Indian patent agents.
Key Requirements
  • Form 26 in prescribed format
  • Signatures from all applicants
  • Complete address and contact details
  • Notarization if required by jurisdiction
Duration: 1-2 days for preparation and execution
2
Patent Filing (Complete Specification) Core Filing
Submit complete specification with proper formatting, considering 30-page and 10-claim base limits.
Specification Structure
  • Field of invention and background
  • Summary of the invention
  • Brief description of drawings
  • Detailed description of embodiments
  • Claims defining protection scope
Base Limits: First 30 pages and 10 claims included. Additional charges apply beyond these limits.
3
Proof of Right Ownership
Establish legal ownership through assignment deeds and employment agreements.
Required Documentation
  • Assignment deeds (if invention was assigned)
  • Employment agreements showing ownership
  • Corporate resolutions for patent filing
  • Chain of title documents if multiple transfers
Critical: Indian Patent Office scrutinizes ownership claims carefully. Any ambiguity can lead to delays.
4
Form 3 - Statement and Undertaking 6 Months
Submit statement regarding foreign applications and undertakings within 6 months of filing.
Form 3 Coverage
  • Details of corresponding foreign applications
  • Information about invention disclosure
  • Undertaking to inform of foreign developments
  • Declaration regarding traditional knowledge
Deadline: Must be filed within 6 months of patent application filing date.
5
Request for Examination Critical
Submit examination request within 31 months of priority date using Form 18 or 18A.
Examination Options
  • Normal Examination (Form 18): 18-24 months processing
  • Expedited Examination (Form 18A): 6-12 months processing
  • Available for individuals, startups, small entities
  • Higher fees but significantly faster processing
Critical Deadline: 31 months from priority date. Missing this deadline kills your application permanently.
6
Form 5 - Declaration of Inventor If Applicable
Submit declaration of inventor when applicant is not the inventor (required for corporate applications).
When Required
  • Corporate applicants filing employee inventions
  • Assignee applicants (when inventor assigned rights)
  • Joint applications with mixed parties
  • University applications for faculty inventions
Timing: Filed within 6 months of patent application submission.
7
Examination & FER Response Technical Review
Respond to First Examination Report (FER) within 6 months with detailed technical arguments.
Common Objections
  • Lack of Novelty: Prior art challenges
  • Lack of Inventive Step: Obviousness concerns
  • Industrial Application: Commercial utility questions
  • Insufficient Disclosure: Inadequate enabling description
Response Timeline: 6 months to respond (3-month extension possible). Quality determines success.
8
Hearing & Written Submission Final Advocacy
Attend patent office hearing and file written submission addressing examiner's concerns.
Hearing Process
  • Interactive discussion with patent examiner
  • Technical presentation of your arguments
  • Opportunity for real-time claim amendments
  • Written submission following hearing (30-60 days)
Outcome: Often the final opportunity to secure patent grant through direct advocacy.
9
Grant Reporting Success
Receive patent grant notification, certificate issuance, and begin commercial exploitation.
Grant Process
  • Official grant notification in Patent Journal
  • Patent certificate preparation and issuance
  • 20-year protection period begins from filing date
  • Enforceable rights become immediately active
Rights Acquired: Exclusive rights to make, use, and sell invention in India for 20 years.
10
Payment of Annuity Maintenance
Maintain patent through annual fee payments for the complete 20-year protection term.
Payment Schedule
  • First payment due at end of 2nd year from filing
  • Annual payments on anniversary thereafter
  • Grace period available with penalty fees
  • Strategic portfolio management decisions
Business Strategy: Align patent maintenance with commercial goals and technology lifecycle.

Frequently Asked Questions

Get answers to the most common questions about PCT national phase entry in India

The absolute deadline is 31 months from your priority date. This deadline is strictly enforced by the Indian Patent Office. Missing it means losing your PCT benefits and starting fresh with a new application, which would lose your priority date and face prior art that published during the delay. Very limited restoration options exist for extraordinary circumstances.

Essential documents include: Power of Attorney (Form 26), complete specification, PCT details with priority claims, DAS code or priority documents, IB/304 and RO/105 notifications, Form 5 if applicable (when applicant is not inventor), Proof of Right documentation establishing ownership, and Form 3 within 6 months of filing containing statement and undertaking regarding foreign applications.

Normal examination takes 18-24 months from examination request. Expedited examination (available for individuals, small entities, MSMEs, and educational institutions) can reduce this to 6-12 months. The First Examination Report typically issues 12-18 months after the examination request is submitted.

Yes, amendments are possible during national phase entry. You can modify claims to address Indian law requirements (particularly Section 3 exclusions), add new claims that were disclosed in the original PCT application, or improve description clarity for better examination outcomes. However, amendments cannot add new matter beyond the original PCT disclosure.

Page charges: First 30 pages of specification included in base filing fee; each additional page beyond 30 incurs extra charges. Claim charges: First 10 claims included in base fee; each additional claim beyond 10 requires supplementary fees. Plan your specification length and claim count strategically to optimize costs.

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