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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.

The original application is then sent to the designated offices indicated in the application. Within two months of this i.e. by the 20th month, the applicant will have to formally apply to the patent offices of these countries for grant of patents by paying official fees and completing other formalities stipulated by these offices. In case translated copies of the application are required, the same has to be furnished by the applicant.

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 requested for an examination report, 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.

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