Frequently Asked Questions
In which countries can PCT applications be filed?
There are 152 countries which are members of the Patent Cooperation Treaty (PCT). All of them accept PCT applications.
How long does the PCT process take to get processed?
What is “Claim Priority”?
Claim Priority” refers to a PCT application filed on the basis of the priority date of the national or regional application filed in a national or regional patent office. The advantage of “Claim Priority” is that a patent shall not be invalidated by reasons of any acts accomplished in the interval, such as another filing, publication, or sale of the invention
What are the languages in which one can file an international patent application?
An international patent application can be filed in any language accepted by the receiving office. If the application is filed in a language other than the one accepted by the receiving office, then translations for such applications have to be submitted within the prescribed deadlines.
How many types of applications are there for international filing?
International
filing can be done by applying through two modes: Conventional
Application
1. Conventional Application
2. PCT or Paris Conventional Application
Can the patent application be filed electronically in India?
Yes, India accepts and processes international patent applications electronically.
In what language is the PCT application filed in India?
An international patent application can be filed at the Indian Patent
Office in triplicate either in English or Hindi language. However, an
application in Hindi shall be accompanied by a duly verified English
translation.
Is India also an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA)?
Yes, India is working as ISA and IPEA since October 15, 2013, and can be chosen by the Indian applicants.
Is Written Opinion of the ISA binding on the Applicant?
No, ISA provides the applicant with a preliminary non-binding written
opinion on the question of whether the claimed invention appears to be
novel, to involve an inventive step, and to be industrially applicable.
Can the applicant amend the claims in response to the ISR?
Yes, the applicant is given an opportunity to amend the claims under Article 19.
What is express request for examination?
The Indian Patent Act provides that no action shall be taken on the patent application entering India through PCT before the expiry of 31 months from the priority date unless a specific request has been made by the applicant in Form 18A. This specific request is called an express request.
Is there any difference between express and expedited request for examination?
The express request is filed to request the Indian
Patent Office to process the patent application before the expiry of 31 months,
and by filing this request, the application does not jump the queue of
examination requests. This request can be filed by any patent applicant
entering India through PCT as a National Phase. Whereas an
expedited examination request is filed by the applicant to jump the queue of
examination requests. This request can be filed only when the applicant is
either a startup registered in India or has chosen India as ISA
or IPEA for the corresponding international application.
Is the Unity of Invention concept also applicable to an International Application?
Yes. The international application must
relate to only one invention or must relate to a group of inventions which are
so linked as to form a single general inventive concept.
What are the competent International Search Authorities and International Preliminary Examining Authorities that an Indian applicant can choose?
So, as per the existing scenario, for Indian Applicants, any of the Austrian Patent Office (AT), Australian Patent Office (AU), European Patent Office (EP), China Intellectual Property Office (CN), United States Patent & Trademark Office (US), Swedish Patent Office (SE), and India (IN) can be chosen as competent ISAs and IPEAs
How much is the period to enter India as National Phase under PCT?
National Phase applications entering India can be filed within a non-extendible 31 months from the priority date.
Can the description be amended during the international phase?
The description can be amended during the international phase only if
the applicant files a demand for the international preliminary
examination. The description can also be amended during the national
phase before each designated or elected Office.
What is the term of Patents granted in respect of National Phase Applications filed in India?
It is 20 years from the date of filing of the International
Application.
In which cases does the applicant need to take permissions before filing of International
Within how many days does the applicant get the permission under Section 39 for filing an International Application?
In case of inventions not related to Atomic
Energy: Twenty-one days from the date of filing of such request. In case of
inventions related to Atomic Energy: Twenty-one days from the date of receipt
of consent from the Central Government.




