How do I file a PCT patent in India?

Procedure for PCT application in India

1. Filing: File PCT within 31 months from the date of priority.
2. Publication: The Publication of patent application transpires after 18 months from filing date.
3. Request for examination: Request for examination is filed within 48 months from the date of filing.

Can an Indian apply for US patent?

At the time of filing in US, you can claim priority date from your Indian filing as both India and US are convention countries. Infact when priority is claimed from Indian filing, the applicant has to submit in USPTO, the priority document obtained from the Indian Patent Office.

Who can file a PCT?

Applicant must be a resident or national of a PCT Contracting State. The application must include at least one applicant who is a resident or national of the United States and the application must be entirely in the English language for the United States receiving Office (RO/US) to be deemed competent.

Who has the right to file an international patent application under PCT?

5) Who has the right to file an international patent application under the PCT? You are entitled to file an international patent application if you are a national or resident of a PCT Contracting State.

When can you file PCT?

(b) PCT route: you can file an application under the PCT, directly or within the 12-month period provided for by the Paris Convention from the filing date of a first application, which has legal effect in all Contracting States of the PCT.

Who can file patent application in India?

A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.

What is required to file a provisional patent application?

A provisional patent application requires the names of all inventors, a cover sheet that identifies the invention, and the filing fee.

How an Indian applicant can obtain patent in the countries other than India?

File the patent application directly internationally in any foreign country without filing the application of patent in India. Or else first file the patent application in India and then go for international filing of that patent application in any of the foreign countries.