PCT National Phase in India: An Overview

The PCT National Phase is the stage where an international patent application filed under the Patent Cooperation Treaty (PCT) enters a specific country for patent protection. In India, this phase allows inventors to seek patent rights within Indian jurisdiction based on their earlier PCT application.

Why Enter the National Phase in India?

India is a growing hub for innovation and manufacturing. Securing patent protection here:

  • Expands your market reach

  • Prevents unauthorized use or replication

  • Adds commercial value to your invention

  • Supports licensing, assignment, or enforcement

Time Limit to Enter India

You must enter the Indian national phase within 31 months from the priority date (date of first filing) of the PCT application.

Requirements for National Phase Entry in India

  • Copy of PCT application and IB notification

  • English translation if the original is in another language

  • Form 1 (Application) and Form 2 (Specification)

  • Statement and undertaking under Form 3

  • Declaration of inventorship (Form 5)

  • Power of Attorney (Form 26) if filed through an agent

  • Prescribed government fees

Examination Process

  • Request for Examination (RFE) must be filed within 48 months from the priority date.

  • The application undergoes formal and substantive examination.

  • If objections arise, the applicant must respond appropriately.

  • Once accepted, the patent is granted and published.

Key Benefits

  • Streamlined process under international treaty

  • Cost-effective entry into India without filing a separate application initially

  • Protects invention in one of the world’s largest consumer markets

Arnais Associates: PCT Experts in India

We assist innovators and foreign applicants by:

  • Managing documentation and translation

  • Filing and tracking national phase entry

  • Handling examination and objections

  • Providing enforcement and licensing support

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