Member of PCT

 

Can Convention priority be claimed

Yes- within 12 months from the date of first filing of the priority application.

For national phase of PCT application-within 31 months from the earliest priority date in respect to both the chapters

Novelty requirement

Worldwide-

Computer programs with technical applications to industry or a combination with hardware are patentable.

Patent search

Possible 

Does the invention specification have to be translated for filing

required 

Required Documents
  1. A Power of Attorney, simply signed. 
  2. One copy of the English specification and claims.
  3. One set of the drawings relating to the invention, if any.
  4. An abstract of the invention 
  5. A deed of assignment signed by the inventor, if the applicant is not the inventor.
  6. A certified copy of the application giving the filing date, number and country if the application is to be filed with a priority claim.

Note Please note that the priority document has to be submitted within 12 months from the earliest priority date and the deed of assignment must be filed within 6 months from the Indian application filing date.

For PCT applications entering the national phase in the India, a copy of the PCT international publication search and examination reports must be submitted with the application.

Duration

Twenty (20) years starting from the Indian filing date, (in case of PCT, starting from the PCT filing date). The term of protection is non-extendable

Compulsory licensing.

If the patent is not exploited within 3 years from the date of grant, it will be subject to compulsory licensing.

Annuities

Annuity is to be paid only after the issuance of the patent

Countries of Representation and IP Information