Patents Rules · Chapter III
International Applications under the Patent Cooperation Treaty (PCT)
Chapter III of the Patents Rules, 2003 contains 21 rules. Each one has its own page with a plain-language explanation, a worked Indian example, the forms and deadlines it touches, and the sections it connects to.
21
Rules in this chapter
21
In force
0
Omitted
17–23
Rule numbers
- 17DefinitionsRule 17 defines the Treaty terms used throughout the PCT chapter so Indian rules are never confused with PCT rules.
- 18Appropriate office in relation to international applicationsRule 18 decides which branch of the Indian Patent Office handles an international application and in which official capacity it acts.
- 19International applications filed with appropriate office as receiving officeRule 19 lets the Indian Patent Office act as a PCT receiving office for applicants connected to India and governs how those filings are handled.
- 19AIndian International Searching AuthorityRule 19A allows the Indian Patent Office to work as an International Searching Authority under the Patent Cooperation Treaty.
- 19BInternational search reportRule 19B requires the Indian searching authority to draw up an international search report, or explain why none can be made.
- 19CTime limit for establishing international search reportRule 19C fixes the time within which the Indian searching authority must establish the international search report.
- 19DTransmittal of the international search report and written opinionRule 19D requires the Indian searching authority to send the search report and written opinion to the applicant and the International Bureau.
- 19EConfidential treatmentRule 19E requires the Indian authority to keep an international application confidential until it is published under the Treaty.
- 19FIndian International Preliminary Examining AuthorityRule 19F allows the Indian Patent Office to act as an International Preliminary Examining Authority under Chapter II of the Treaty.
- 19GPeriod for making a demandRule 19G fixes the deadline for filing a demand for international preliminary examination with the Indian authority.
- 19HFees payable to Examining AuthorityRule 19H governs the fees payable when international preliminary examination is demanded before the Indian examining authority.
- 19IManner of making a demandRule 19I sets out how a demand for international preliminary examination must be prepared and filed with the Indian authority.
- 19JProcessing of demands for international preliminary examinationRule 19J requires the Indian examining authority to process a demand as the Treaty directs, including opinions and the applicant's right to reply.
- 19KInternational preliminary examination reportRule 19K requires the Indian examining authority to issue a reasoned report on whether each claim appears novel, inventive and industrially applicable.
- 19LPeriod for establishing international preliminary examination report and its transmissionRule 19L sets the outer time limit for completing the international preliminary examination report and sending it out.
- 19MTransmittal of the international preliminary examination reportRequires India's international preliminary examining authority to send its examination report to the applicant and to the International Bureau in Geneva.
- 19NConditions for and extent of refundExplains when fees paid to the Indian office for international search or preliminary examination may be refunded, and to what extent.
- 20International applications designating or designating and electing IndiaSets out how a PCT application that names India is brought into the Indian system and treated as a regular Indian patent application.
- 21Filing of priority documentRequires the certified priority document, and a verified English translation where needed, to be placed on the file of a national phase application.
- 22Effect of non-compliance with certain requirementsProvides that an international application naming India is treated as withdrawn in India if the national phase requirements are not met.
- 23The requirements under this Chapter to be supplemental of the regulations, etc., under the TreatyMakes clear that the Indian requirements in this chapter add to the Patent Cooperation Treaty and its Regulations rather than replacing them.