''Simple and hassle-free filing”.
On 2 July 2012, the Indian IPO issued CG/Public Notice/PO/2012/15 to simplify the process of filing a PCT National Phase application in India. The same became effective on 6 July 2012.
The Indian IPO, in coordination with the International Bureau (IB) of the World Intellectual Property Organization (WIPO), obtained online access to the PCT International Applications and related documents available with the IB. Hence, applicants are no longer required to submit multiple copies of documents that are readily available with IB. This mechanism would increase efficiency and reduce errors in manual data entry to obviate need for correction in PCT national phase applications.
Further modifications and simplified filing requirements:
- The new provisions apply only to PCT National Phase Applications entering India which do not claim priority of any PCT National Phase application filed previously in India. Hence, said instructions would not be applicable to any divisional applications filed in relation to previously filed PCT National Phase application in India.
- For a PCT National Phase application in India, Indian IPO only requires: (a) title of the invention; (b) applicants name, address and nationality; (c) preamble to the description of the invention; and (d) the last page of claims together with the date and signature.
- The Indian IPO will no longer allow an applicant to amend the specification or related documents upon national phase entry in India. Any amendments in the claims or specification henceforth can only be made after entering the national phase entry in India.
- The documents to be filed by an applicant should exactly correspond with the updated information available on the records of IB on the date of filing of a PCT National Phase application in India. Such information must have been notified/published by the IB in accordance with the PCT and the regulations made there under. Any request pending before the IB shall be of no consequence and should not be reflected in the application.
Even if the process of filing of PCT national applications has been simplified, applicants are still required to comply with all other requirements in accordance with the provisions of the Indian Patents Act, 1970 and rules framed there under.