India simplifies PCT national phase application filing
7th July, 2012
Applicants filing PCT National Phase application in India will be required to fill up only columns 1, 2 and 3 of Form 2. The Controller General, Patents, Designs & Trade Marks, India, has issued a public notice simplifying procedures in this regard from 6th July, 2012.
Details like description, claims and abstract hitherto provided under columns 4, 5 and 7 will be taken by the Indian Patent Office (IPO) from PCT International Applications and related documents available with the International Bureau (IB), WIPO. The IPO has acquired online access to these documents and it is believed that these procedural changes will help in avoiding re-submission of the entire specification.
In respect of PCT application neither filed nor published in English, the applicant will have to submit a translation of the application in English duly verified by the applicant or the applicant’s authorized representative. Also the Indian Patent Office will consider only those that have been published by the IB, WIPO and requests pending with WIPO will not be considered. The notice expressly states that even if such pending requests are reflected in the documents, the information published / notified by WIPO shall prevail.