PCT NATIONAL PHASE ENTRY
India

India's patent law originated in 1911 with the introduction of the Indian Patents and Designs Act. The current governing legislation is the Patents Act of 1970, which came into effect in 1972. The granted patent in India provides exclusive rights that prohibit unauthorized individuals from infringing upon the patent holder's rights, which includes actions such as importing or utilizing others' ideas within the territory of India. India became part of two important treaties, the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT), starting from December 7, 1998.

The major requirements and procedure to file a patent application in India are mentioned below:

The designated period for submitting a patent application in India under the framework of the Patent Cooperation Treaty (PCT) is 31 months from the earliest date of priority.

In India, English serves as the official language for patent applications. If the international application is submitted in a different official language, it is compulsory to translate it into English. This ensures precise communication and adherence to regulatory requirements, emphasizing the significance of clear and accurate documentation in the patent process.

There is no provision allowing an extension for the deadline to submit a patent application into the national phase.

The essential official documents needed for filing a national phase application include:

Power of Attorney: an applicant, regardless of nationality or residency in India, is not obligated to have representation by an agent. However, it is mandatory for the applicant to possess an address for service within India for receiving notices and other communications. In the event that an agent is appointed to represent the applicant, a written authorization must be submitted on Form 26, or alternatively, a power of attorney should be filed.

Assignment Deed: this document becomes necessary when the applicant for a patent is not the original inventor. This legal document is employed to formally document and effect the transfer of intellectual property rights from the inventor to the new applicant.

Verified English translation of the complete specification.

Certified priority document

The fee structure established by the Indian Patent Office is designed with a detailed approach based on the applicant's classification as a Natural Person, Small Entity, or Other (Large Corporate). Notably, the fees for natural persons are substantially reduced, amounting to only a fifth of the fees applicable to other categories. This deliberate differentiation emphasizes a commitment to fairness and affordability, ensuring that the patent filing process is accessible to individuals.

Moreover, to further address cost considerations, applicants have the option to strategically minimize expenses by omitting claims during the filing process in India. 

The examination of a patent application is based upon the submission of a formal request by the applicant or any other party with stake. This request must be made in the prescribed manner within 48 months, calculated from either the date of priority of the application (if applicable) or the date of filing of the patent application, depending on which date precedes. To initiate the examination process, the request must be carefully submitted using the specified Form 18. This procedural requirement ensures that the examination phase is activated only upon a deliberate and timely request from the concerned parties involved in the patent application.

There are opportunities to expedite the examination procedure through request for either Express or Expedited examination.

EXPRESS EXAMINATION

A speedy examination of a PCT national phase application in India is possible through an Express examination request. This request needs to be submitted before 31 months from the earliest priority application date. When a request for Express examination is made, the controller assigns the application to an examiner, who is then required to prepare a first examination report within one to three months.

EXPEDITED EXAMINATION 

An applicant has the option to request expedited examination to accelerate the application review process. This formal application must be accompanied by a simultaneous request for publication, unless the application has already been published or a prior request for publication has been submitted. Applications marked for expedited examination are directed to a separate queue, receiving examination priority over those in the standard examination queue. Furthermore, a conventional examination request can be transitioned into an expedited examination request upon the payment of supplementary fees.

Following the grant of a patent, it is imperative to settle renewal fees to maintain its validity. The initial renewal fee is due at the end of the second year from the patent's date. Subsequent renewal fees are required before the expiration of each succeeding year. Failure to pay the renewal fee within the specified timeframe will result in the patent losing its effect. In cases where the patent is granted more than two years after filing, the accrued fees must be paid within three months of the grant, with a possible extension of up to an additional six months using Form 4. Thereafter, each renewal fee is due before the anniversary of the granted patent.

The term of patent will be 20 years from the international filing date accorded under Patent Cooperation Treaty. At present, India does not authorize the extension of patent durations.

The Global Innovation Index (GII) systematically evaluates the innovation capacities of various world economies, utilizing approximately 80 indicators grouped into innovation inputs and outputs. In the GII, India secures the 40th position among the 132 featured economies, reflecting its innovation standing on the global stage. Notably, within the subset of 36 lower-middle-income group economies, it claims the top spot, underscoring its significant innovation achievements within this income category. Moreover, within the region of Central and Southern Asia, India excels, securing the 1st position among the 10 featured economies.

Comparatively, in 2021, the mentioned nation held the 46th position in the GII ranking, demonstrating a noteworthy advancement to the 40th rank in 2022. This upward shift underscores a positive trajectory in the nation's innovation capabilities and performance on the global innovation landscape.

In the world of innovation, this nation stands tall at 8th place globally for both total and abroad patent applications, a testament to its creative brilliance. Not stopping there, it dazzles further by securing the 8th spot for PCT National Phase Entries, showcasing a commitment to cutting-edge advancements. Beyond innovation, its economic prowess shines brightly at 5th place globally.