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National Phase in India

In India, The national phase is the second of the two major phases of the PCT procedure. The applicant files applications in each country of his choice, national phase starts. In India, if applicant selects the PCT application and is also chosen in the demand for preliminary examination filed within 19 months of the priority date. Thus, the applicant has to enter the national phase within 31 months from the priority date. However, the time limit for national phase entry in India is only 21 months from the priority date, when India is not selected by the applicant in the demand for preliminary examination.

We require the basic requirements for entry into national phase in India:
  • Application set out the title of the invention, names, addresses, and Nationality of the inventors and applicants.
  • Complete Requirement as filed before the International office with claims, drawings, and abstract.
  • Prescribed Fees in demand draft or cash.
  • The patent procedure provides a cost-efficient single entry to file patent applications in almost every country in the world. The PCT patent application must be filed with the International Bureau or with a Patent Office that is competent in handling such applications. The PCT procedure has two phases, which are the major parts of PCT Filing services. In the first "international" phase a search report is provided to point out an opinion and relevant prior art on the patentability of the invention.
  • The PCT procedure itself does not give rise to any patent rights. Instead, in the second phase "national" phase, the PCT application must be followed up by filings of PCT National Phase applications in every country and region where patent protection is desired.
  • The PCT National Phase applications bear a resemblance to national filings in the respective country. Normally, they need to be translated into the local language and be prosecuted against the national patent office, who needs to be convinced that the invention is patentable. However, filing of PCT National Phase applications are more simplified compared to the filing of "normal" national patent applications since most of the formal requirements have been resolved in the first, international phase of the PCT application.
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