PCT National Phase Entry Into India
The deadline for a PCT National Phase entry in India is 31 months from the priority date.
While deciding for a global patent application filing strategy, an inventor or an applicant can either file individual applications directly in the target countries or file a PCT International application within 12 months from the priority date. Filing individual applications directly in target countries can be quite challenging and costly in the initial 12 months of the application as the patent technology may not have matured enough or the applicant may not have thorough understanding as to what all countries the patent should be protected in. On the other hand, by using the PCT system, the entry in National Phase of the target member countries as well the expenditure required for prosecuting the application in each countries, can be deferred by the applicant by 30 or 31 months.
A PCT Application has to be filed in Indian within 31 months from the date of priority. No extension is provided if this deadline is missed.
Advantages of filing PCT International Application:
- The PCT system helps applicants to go global while still having the flexibility to decide as to which contracting countries of the Patent Cooperation Treaty System, they wish to prosecute the application in.
- The PCT facilitates the obtaining of protection for inventions where such protection is sought in any or all of the PCT Contracting States. It provides for the filing of one patent application (“the international application”), with effect in several States though the grant as per local/regional laws.
- Use of the PCT saves effort, time, and work of the applicant seeking protection for an invention in a number of countries.
- Use of the PCT also helps the applicant to make decisions about the prosecution of the application before the various national Patent Offices.
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