This section discusses the rules on PCT Applications made as per the Patent rules, 2003.
Any country or group of Countries or union of Countries or Intergovernmental Organisations, which has signed or would sign an international, regional or bi-lateral treaty (agreement) along with India; that allows the applicants of Patents of India to enjoy the same privileges upon grant of patents with the same protection, rights etc., for patent owners…
If any Country as specified on the notification of the Central Government in the Official Gazette as a convention country does not provide the same rights (grant, protection of patents) as to their Country Citizens to Indian citizens, no citizen of that Country shall be entitled to, apply for grant of a patent; be registered as…
When application for protection of patent rights has been filed by the patentee or assignee or legal representative in any convention country, it should be made within 12 months from the date of filing same complete specification of a patent application in India. When application for protection is made in one or more convention countries…
All Convention applications shall, Contain a Complete specification; specify the date and the Convention Country in which the application for protection for the first application is made; bare a statement that no application for protection for the same invention had been made in a convention country before that date mentioned by the applicant or any…
When two or more applications for patents in respect of inventions have been made in one or more convention countries; and those inventions are all interrelated as if it constitutes one invention, only one application may be made by any or all the persons with legal right on the patents within 12 months from the…
If a Convention application is filed and if the Controller requires the applicant to furnish copies of all supporting documents, copies of specifications along with the Complete specification which are so deposited by the applicant to the patent office of the Convention Country; the applicant shall furnish all such documents as verified to the satisfaction of…
The rule 17 defines the general definitions of the words used under this section. Unless the context makes it in a different manner; the following words shall have the definitions as denoted. Article – Invention / Patent under the Treaty Examining / Searching Authority – Indian International Preliminary Examining / Searching Authority International Bureau –…
The receiving office, the designated office and the elected office for all international applications shall be the appropriate office as per rule 4. (Appropriate Office) Delhi Branch of the Patent office shall be the appropriate office for dealing with the International Bureau and any other International Searching or Preliminary Examination Authority. An International Application shall…
An International Application filed shall be done with three copies in the appropriate office written either in English or Hindi language. In addition to the fees specified in the regulations under the Treaty; fee for international application shall also be paid. When three copies are not filed for an international application, the appropriate office shall…
According to the agreement between Indian Patent Office and the International Bureau; the Delhi Patent Office shall perform the functions of the Indian International Searching Authority under the Treaty. In addition to the fees payable as per the regulations made under the Treaty, fee for the Searching Authority shall also be paid. The Searching Authority…