Delayed processing of the application by the national phase or the regional phase in India
A search report on the patent application filed with a receiving office is received by the applicant/inventor 16 months after the priority date.
The International Bureau (IB) of the WIPO publishes the application and the search report 18 months after the priority date.
After receiving the ISR, the applicant is entitled, under Article 19, to one opportunity to amend the claims of the international application. The opportunity to make amendments to the claims may be availed until the end of 16 months from the priority date or two months after the transmittal of that ISR and opinion, whichever expires later. Amendments received by the International Bureau after the time limit are still accepted if they have been received before the technical preparations for international publication have been completed. A further opportunity to amend the specification can be availed by the applicant, if he so requests, by filing a demand for international preliminary examination at any time prior to the expiration of 3 months from the date of transmittal of the ISR and WO of the ISA, or 22 months from the priority date, whichever time limit expires later..
Inspite of submitting the request for grant of patents in designated countries in the 20th month after the priority date, the priority in these countries is the same as the date of filing the original PCT application.
If applicant/inventor has filed a demand, the report is usually received by the applicant/inventor about 28 months after the priority date. Within two months of this, the applicant/inventor will have to formally apply for grant of patents in designated countries. The priority of the application is maintained in the designated countries.
