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Why to file International Patent?
By filing a Patent Application in India, do we get a protection internationally? if not what is the procedure to get international patent registration?
We file patent applications to protect our inventions from Copying by others. But, patent granted in India is protected only in our Country as it is jurisdiction specific in nature. Hence, International patent helps the applicant to protect their invention in foreign counties too. This is why we need to file International Patent Application.
Totally there are two ways for obtaining international patent protection. They are Convention Patent Application and PCT Application. Can we file a foreign patent by signing at India itself?
What is Patent Cooperation Treaty?
Patent Cooperation Treaty shortly called as PCT. This PCT Application makes it possible for getting protection for a patent simultaneously in each of a large number of countries by way of filing a single International Patent Application instead of filing several separate national or regional patent applications.
This PCT Application can be filed by anyone who is a citizen of a Patent Cooperation Treaty’s Contracting State. This PCT application shall be filed through Indian Patent Office.
Is there a deadline to file PCT Application?
- The PCT International Phase Application to be filed directly within 12 month period from the filing date of filing the Indian patent application.
- The PCT National Phase applications in each of the designated countries should be filed within 31 months of filing the Indian patent application.
The following are the Advantages of International Patent…
- One single Patent application in one single language filed in one single country
- This single International application has the effect of filing simultaneously in different countries
Procedure for filing PCT Application
- Step 1: As a first step, patent application should have been filed in India. (There are totally two phases in PCT filing – the international phase and the national phase.)
- Step 2: International phase: Within 12 months from the date of filing a patent application in India, the PCT application must be filed, mentioning the countries in which protection are required.
- Step 3: The registry shall provide an International Patent search report and along with that a detailed opinion on patentability shall also be provided within 4 months.
- Step 4: This PCT application will be published after 18 months of filing the Indian patent application.
- Step 5: The international preliminary examining authority shall issue an international preliminary examination report.
- Step 6: National phase: Next is that, the Patent applications in each of the designated countries should be filed within 31 months of filing the Indian patent application.
- Step 7: The Patent grant will be granted by the respective national patent offices of each country after the applicant complies with their national requirements.
What is convention application
A Foreign patent applicant can claim the benefits of Paris Convention and can file a patent in India by claiming priority from an already filed international patent application. India is a signatory of Paris Convention, hence by that a foreign applicant can file a convention application in India.
If a foreign applicant wants to get the convention status, he needs to file the application before Indian Patent Office within 12 months from the date of first filing of a similar application in the convention country.