Filing a patent in India! – ‘Client2Attorney Part-II’

This is the second post in a series of posts about how to file a national phase PCT patent application in India. The first post may be accessed from here.

Client’s mail:

Dear Mr. L&B,

Thank you for you mail dated 28/09/2017 apprising me of the various routes to file a national phase patent application in India. As advised, I would like to go forward with the PCT route. Please share the additional information regarding the same.

Regards,
X

Attorney’s mail:

Dear Mr. X,

Hope this mail finds you well.

We write in furtherance of our mail dated 28/09/2017 apprising you of the various routes that can be taken for national phase entry into India. As per our discussion, we understand that you are interested in taking the PCT route for filing your application in India. Through this mail we will apprise you of the various procedural regularities and timelines to be kept in mind while filing a National phase PCT application in India.

Please note that since you are claiming no priority, therefore your filing date will be taken as the priority date. Please be advised that the time limit for filing a national phase PCT application in India is 31 months from the date of priority, that is to say, the last date is 21/01/2020.

Please be advised that in order to file a National Phase PCT application, you will have to first file an international application with a receiving office. Please note that you have an option between USPTO and WIPO International Bureau (IB) to select the receiving office. Please note that the international application is effective in all PCT member states (i.e. in a total of 152 states as on 1st August, 2017), therefore at this stage you do not incur the costs that would arise if you prepared and filed separate application in India (Direct route or Paris route).

Please be advised that since your invention has been conceived in the United States, therefore, before filing the patent application in any foreign country, you are required to obtain a foreign filing license. We would suggest you to file your international application with the USPTO because by doing so you won’t have to file for the foreign filing license separately and the same will be automatically granted to you along with the filing receipt received from the USPTO, if there are no secrecy concerns.

Kindly apprise us about your chosen venue of filing your international application and we shall assist you further.

Regards,
L&P

Picture from here.

Siddhant Sharma

Siddhant is currently enrolled in a six year law programme at one of India's premier private law schools, due to graduate in April, 2018. His journey as a techno-legal student started in year 2012 as a matter of fate than choice, but since then legal studies have embarked and impressed upon him the desire to pursue advocacy, in particular corporate and commercial litigation. Apart from academics, he has always been interested in, and still continue to be inclined towards, niche practice areas and entrepreneurial endeavours. He finds joy in writing about Patents.

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