PCT is needed to be filed under WIPO or World Intellectual Property Organisation that is stated by the Patent Cooperation Treaty. PCT is an international patent law treaty and it looks after all the issues related to the patent registration, litigation and patent services. India is one of the countries that is labeled with PCT. Thus, it is compulsory to file an application with PCT for all the Indian trademark applicants and also persevere the foreign applicants to file an application with PCT in India.
Filing of PCT application
You can either file the PCT application directly at the PCT office in Geneva or submit it at the registered receiving office in different countries. When filing a PCT application, you will need to hold the countries where you want to file the application and pay for the first 5 options, and the rest of the options are free of cost.
Steps and Procedure of PCT filing
The following steps and procedure should be followed according to the rules as per the prescribed law to file PCT in India:
· The proposed patent in any formation like text or drawing need description and the PCT Gazette should be in English translation in a similar way.
· Two copies of the application need to be obtained.
· The details, name, and address of the inventor.
· The international search report attached to the Power of attorney.
· Need to submit the International Preliminary Examination Report or IPER.
· Filing of Form PCT/IB/304 and certified copies of the other legal documents.
· In case, if the name of the applicant has got changed, then file Form PCT/IB/306.
· All the details of the assertions that were made during the PCT International Phase.
· Mention all the details of the priority applicants.
· If any, mention the details of the patent application that were filed prior to any foreign patent authority.