PCT National Phase Entry into India

As one of the “BRIC” countries (the others being Brazil, Russia and China), India has experienced positive changes in both its market size and technological capabilities in recent years.  Consequently, foreign patent applications filed in India have increased as more applicants recognize its potential as a manufacturing and consumer center.  WIPO’s 2010 Indicators report validates the continuing growth of India’s patent filings and grants in recent years.

India’s popularity is reflected in our own client base as well, comprising 8% of all national stage filings handled by inovia last year.  In terms of industry, India was among the top four destination countries for the mechanical/engineering, electrical/electronic, and chemical/materials-related applications.  Our pharmaceuticals/biotech clients made some changes in 2010 versus 2009 destinations, where India was in the top 5; last year they were bumped out of the list by Brazil.

For those applicants interested in filing in India, here are some important notes:

  • PCT national stage deadline for India is 31 months after the earliest priority date.
  • Applications can be filed in English or Hindi.
  • Powers of Attorney and Assignments are required.
  • Excess claims fee:  INR 800 (or INR 200 for individual inventors) per claim over 10.
  • Request for examination due within 48 months of priority date or date of filing, whichever is earlier.
  • Patent term is 20 years from application filing date.
  • Opposition period of 1 year after date of publication of grant of patent in the Patent Office Journal.

Are you thinking about filing into India via the PCT route?  You can get an instant, accurate, “1-click” quote if you have the PCT number handy – just register on our inovia portal.


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