PCT National Phase Patent in India
A PCT National Phase Patent in India is filed with a copy of the complete specification along with the details of the applicant, inventors and priority claims.
A POA from the inventor/applicant accompanies the application.
One can enter National Phase in India within 31 months in case of a PCT application.
All these documents need to be in ENGLISH.
To file an application for PCT National Phase Patent in India we would require:
- Name, address and nationality of each inventor and applicants
- A copy of the Complete Specification which must include claims, abstract and drawings
- Verified English translation of the priority documents
- A Power of Attorney signed by an applicant or an authorized person of each applicant
- Proof of Right: a document transferring the rights from inventor to the applicants
- Information about the status of the patent applications filed in other jurisdictions for the same invention.
Do note that:
A request for examination must be filed within 48 months of the earliest priority date, failure to do so would result in the application deemed to be withdrawn.
Attorney fee for PCT National Phase Patent in India
Action based fee
- Attorney fee for preparing and filing a PCT National Phase Patent in India
- Additional fee for responding to office actions
- Additional fee for preparing evidences and arguments
- Additional fee for attending hearings with the examiner
Capped Flat fee
- Attorney fee for preparing and filing a PCT National Phase Patent in India
- No further fee for responding to office actions
- No further fee for preparing evidences and arguments
- No further fee for attending hearings with the examiner
| Click here: Fee for INDIAN applicants in Rupees. |
Official Filing fee for PCT National Phase Patent in India
| Applicant type | US Dollars |
| Individual | 30 |
| Large Firm | 130 |
Official Examination fee for PCT National Phase Patent in India
| Applicant type | US Dollars |
| Individual | 70 |
| Large Firm | 300 |
Action based attorney fee for PCT National Phase Patent in India
| Particulars | US Dollars |
| Consultation charges per hour or part thereof | 100 |
| A search of Patent Database | 200 |
| Drafting of Complete Specification | 400 |
| Amendment of Specification due to objections | 200 |
| Attending to serious objections at the patent office/hearing | 350 |
| Attorney fee for Filing a READY TO FILE application (30 Pages/10 Claims) | 400 |
| Attorney fee for prosecuting an application at the Patent Office | 175 per response |
| Alternatively – FLAT ONE TIME attorney fee for filing & prosecution of application till grant of Patent | 1125 |
Quotation for handling a PCT National Phase Patent in India
The Patent Office filing fee for PCT National Phase Patent in India shall be:
US$130 for a large legal entity, and US$30 for an individual applicant.
This is for a specification up to 30 pages with 10 claims. Extra pages fee and claims fee would be applicable for a longer specification.
The Patent Office Examination fee for PCT National Phase Patent in India is:
US$300 for a large legal entity, and US$70 for an individual applicant.
We charge different fee for various actions needed to be performed while prosecuting the application at the Patent Office as presented in the table above. A typical office action would cost you about US$175, while attending a hearing with examiner would be US$350.
Alternatively, we offer you an option of paying a total of US$1125 as professional fee for prosecuting an application up to grant. In this option we commit ourselves to prosecute the application at the Patent office till grant for a fix one time fee of US$1125 and thereby protect you from making any unforeseen payment.
Thus the two options are:
1. Attorney fee for filing US$400 + Patent Office fee + Action based fee for prosecuting the application till grant/final disposal of the case.
OR
2. ONE time fixed Attorney fee of US$1125 + Patent Office fee + NO further fee for prosecuting the application till grant/final disposal of the case (Recommended).
To file an application for PCT National Phase Patent in India we would require:
- Name, address, and nationality of applicants and inventors.
- Complete Specification in ENGLISH (in text format).
- The drawings in PDF/JPG format.
- The certified copy of the priority documents (required for a conventional Patent application in India).
- PCT application number.
- A power of attorney form signed by the applicants.
The National Phase/Conventional Patent application in India consists of a set of forms along with a copy of Complete Specification including the description, claims, drawings and abstract. A POA from the inventor accompanies the application. One can enter National Phase in India within 31 months in case of a PCT application. These documents need to be in ENGLISH.
Do provide the applicant details to enable us to prepare the (Power of Attorney form) POAs as per the requirements of Intellectual Property office of India; we shall then send the POAs for signing to you.
A POA needs to be stamped by a Govt. agency after paying the appropriate fee and then it is to be signed by the applicant.
The Patent/Trademark Office allows the POA to be filed at a later stage during the prosecution of the application and there is no late fee or any penalty associated with such later filing.
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This article has been written by
Patent attorney in India
I, Mahesh Bhagnari, am the Managing Principal of the firm:
- I am an Attorney at Law with Bar Council Registration № MAH/1574/2003.
- I am licensed to practice at the Intellectual Property Office as a Patent attorney in India and Design attorney in India with Registration № IN PA 1108.
- I am licensed to practice as a Trademark attorney in India with Registration № 10742.
- I have more than eighteen years of professional experience working in the field of Intellectual property.
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