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PCT Application filing India

Written by: Kaviraj Singh

Article Overview: The International Application must contain a request, a description, one or more claims, one or more drawings (where required) and an abstract; it must comply with the prescribed physical requirements; it must be in one of the prescribed languages; finally, the required fees must be paid. These requirements will be dealt with one by one.

PCT Application filing India

a ) Request form (PCT/RO/101)
1. International Application must be filed with any of the receiving offices i.e. Patent office, Kolkata, New Delhi, Mumbai, and Chennai(RO/IN) or International bureau (RO/IB) of WIPO. The request form and the documents attached therewith should be in triplicate.
2. The International Application must contain a request, a description, one or more claims, one or more drawings (where required) and an abstract; it must comply with the prescribed physical requirements; it must be in one of the prescribed languages; finally, the required fees must be paid. These requirements will be dealt with one by one.
3. The request may be made on a printed form, copies of which can be obtained free of charge from the Receiving Office or from the International Bureau of WIPO. The request may also be presented as a computer printout as prescribed by Section 102(h) of the Administrative Instructions or, alternatively, as a computer printout prepared using the PCT-SAFE (PCT-EASY) software, in which case it must be accompanied by a computer diskette containing a copy in electronic form of the data contained in the request and of the abstract. Online application filing also is possible now.
4. The request must first of all contain a petition, that is, a request that the International Application be processed according to the PCT. It must further contain the title of the invention, the necessary data concerning the applicant, the inventor and the agent representing the applicant. It must be signed by the applicant or his agent. Where there are two or more applicants, each applicant must sign at his choice either the request or, if the request is signed by an agent, a separate power of attorney.
5. The request may contain some optional indications, in particular a priority claim according to the Paris Convention for the Protection of Industrial Property.

b) Priority

1. Only one certified copy is required of each priority of the application and to be furnished within 6 months from the filing date; no copies for each designated Office are needed. The copies for the designated Offices are prepared—at no additional cost to the applicant—by the International Bureau.
2. Transmittal of the priority document need not be monitored if a request for transmittal by the Receiving Office to the International Bureau of an application filed with that Receiving Office was made in the Request Form and the applicable fee for a priority document was paid to the Receiving Office.

c) Description

1. The description of the invention in the International Application must disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the art.
2. The description first repeats the title of the invention. It then specifies the technical field to which the invention relates. It indicates the so-called “background art,” that is, the technical and, in particular, patent literature, pertaining to that technical field, constituting the “prior art” or “state of the art” or known technology for the newly filed application. It discloses the intention in a way, which allows the technical problem and its solution to be understood. It states the advantageous effects of the invention as compared with the known technology. It briefly describes the figures in the drawings. It sets forth the best mode contemplated by the applicant for carrying out the invention and any other mode he wants to include.

Finally, it indicates the way in which the invention is capable of exploitation in industry.

d) Sequence Listing: -

1. Section 806 of PCT allows a designated Office to require that a copy of a sequence listing part filed only on an electronic medium under new Section 801 be furnished, for the purposes of the national phase, on paper.

2. For applicants who do not wish to file the sequence listing part of their international applications under new Section 801, the current provisions will continue to apply, including the filing in written form only (under Rule 5.2) and the concurrent or subsequent furnishing, as provided under PCT Rule 13ter and Section 208, of the sequence listing parts in computer readable from but only for the purposes of international search and/or international preliminary examination. In such cases the current system for calculating the basic fee, on the basis of the total number of sheets of the international application including the sequence listing part, will continue to apply (see item 1(b) of the Schedule of Fees).
3. It is important to note that international application filed under new section 801 may only be filed with receiving Offices, which are prepared to accept them, and on such electronic media as specified by the receiving Offices (for further details pl. see PCT Applicant’s Guide).

e) Claims:

1. The claims must define the subject matter of the invention for which protection is sought. They must be clear and concise and fully supported by the description.
2. With respect to the structure and drafting of claims, the PCT requirements are largely similar to what is accepted in most patent Offices.

f) Drawings:

The drawings are only required where they are necessary for the understanding of the invention. This will be the case for an engineering type of invention. It will not be the case when an invention cannot be drawn, as is the case for a chemical product. Here again, the requirements are similar to those of most patent Offices.

g) Abstract:

1. The abstract is intended to serve the purpose of technical information. The Treaty says clearly that it cannot be taken into account for any other purpose. This means in particular that it cannot be used for the purpose of interpreting the scope of the protection sought.
2. The abstract consists of a concise summary of the disclosure of the invention as contained in the description, claims and drawings in preferably within 50 to 150 words. It must be drafted in a way, which allows the clear understanding of the technical problem, the gist of the solution of that problem through the invention, and the principal use of the invention.

h ) Language of filing

1. The International Application must be filed in the language, or one of the languages, which the Receiving Office accepts for that purpose (Rule 12.1(a)). If the application is filed in any receiving office in India it has to be either in English or Hindi.

Neither the Treaty nor the Regulations enumerate the languages in which International Applications may be filed. Whether a given language can be used depends on the readiness of the Receiving Office to accept International Applications in that language. Each Receiving Office must, however, accept at least one language for the filing of International Applications which is both a language accepted by the International Searching Authority or, if applicable, by at least one International Searching Authority, competent for the international searching of International Applications filed with that Receiving Office and one of the languages of publication (that is, Chinese, English, French, German, Japanese, Spanish or Russian), so that applicants always have the option of filing the international search or international publication purposes; in other words, either words, either the International Application in its original language or the translation will be sufficient for the processing by the Receiving Office, for international search and for international publication.
2. If the language of filing of the International Application is the one acceptable by the Receiving Office but is not accepted by the International Searching Authority, the applicant is required to furnish, within one month from the date of receipt of the application, a translation into a language which is all of the following: (i) a language accepted by the International Searching Authority that is to carry out the international search; (ii) a language of publication; and (iii) a language accepted by the Receiving Office (unless the International Application is filed in a language of publication) (Rule 12.3).
3. If the language of filing of the International Application is accepted by the Receiving Office and the International Searching Authority but is not a language of publication (at present, this is the case only where the International Application is filed in Dutch and certain Nordic languages), the International Application will be published in English, the translation into that language being prepared under the responsibility of the International Searching Authority which undertakes the search (see Rule 48.3).
4. The request must always be filed in a language that is accepted by the Receiving Office and which is also one of the seven languages of publication

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