The Patent Co-operation Treaty (PCT) is a special agreement for international cooperation in the field of patents open only to member states which are party to the Paris Convention . It is a treaty for rationalisation and cooperation with regard to filing, searching and examination of patent applications and the dissemination of the technical data therein. It is administered by the World Intellectual Property Organisation (WIPO). However PCT does not provide for grant of ‘international patents’; the task and responsibility for granting patents remains exclusively in the hands of the designated offices of the countries where protection is sought. PCT became operational on 1st June, 1978 and India became a PCT Contracting state only on December 7, 1998.

PCT National Phase Entry in India
If India has been elected for the purpose of international preliminary examination within 19 months from priority date, then the time limit for entry into the National Phase in India is 31 months from the Priority Date. If the applicant does not so elect India, then the deadline for entry into the National Phase in India is 21 months from the Priority Date.

The national fees to be paid is same as the fees required for filing the national application in India. The PCT leaves to India freedom to prescribe the substantive conditions of patentability applied in the national phase. Procedural safeguards are available in India to PCT applicants in the same way as they are to applicants for national or regional applicants not made via PCT.

Filing Requirements:

• Name, address and nationality of Applicants and inventors.
• PCT Application number.
• Priority application number, date of filing and country.
• Original Patent specification, claims and drawings in English.
• Amended claims, if any, filed under Art. 19 of PCT.
• If IPER is requested, any amendment annexed to the IPER.
• A copy of PCT Request, International Preliminary Search Report and International Preliminary Examination Report.
• Declaration as to inventorship.
• Power of Authorisation in Form 26.
• Fees in advance

Additional Special Requirements :

• Instrument of assignment or transfer where the applicant is not the inventor,
• Document evidencing a change/ change of name of the applicant if the change occurred after the international filing date and has not been reflected in a notification from the International Bureau (Form PCT/IB/306). Form 6/30 is also required.
• Statement regarding corresponding applications in other countries
• Verification of translation