Pursuant to the Indian Patents Act, national phase entry patent applications must be filed within thirty one months of the earliest priority date.
The following document/information must be provided:
- Complete specification (including claims and, where applicable, drawings) in the English language.
- Name, address and nationality of the Applicant.
- Priority particulars, if priority is claimed.
Subsequently, in order to complete the formal filing requirements, the following documents/ information must be submitted to the Patent Office:
Power of Authority (POA): The POA, in our favour, can be filed at any time during the prosecution of the application. Where the applicant is a company, as well as affixing the seal/stamp of the company, the complete name and designation of each signatory must be indicated below the signature. The duly executed POA must be stamped in accordance with Indian law. We will attend to this. The stamped POA should be filed at the earliest opportunity, preferably within three months of filing the application.
Priority document: A certified priority document, either the original document or a copy of the PCT notification concerning submission or transmittal of priority document i.e. PCT/IB/304, is required to be submitted at the Patent Office. Where the priority document is not in English, a translation into English must be provided.
Assignment document (if applicable): The original assignment, certified/notarised, must be submitted within six months of the date of filing the application, as proof of the right to file the application in India.
Section 8 Details: Details (i.e. application number, filing date and name of the country) of any corresponding applications must be furnished to the Patent Office within six months of the date of filing of those applications.
A copy of the PCT pamphlet and PCT application (as filed)
A copy of the International Search Report (ISR) and/or International Preliminary Examination Report (IPER).