Patent FAQs

What do you need from us to enter the Indian national phase?

The usual set is:

• Application form (Form 1) with full applicant and inventor particulars

• The specification as filed, together with any amendments made under Article 19 or Article 34, and a verified English translation where the international application was not in English

• Statement and undertaking regarding corresponding foreign applications (Form 3, under Section 8)

• Declaration as to inventorship (Form 5), where applicable

• Power of attorney (Form 26)

• Proof of right, where the applicant is not the inventor and the chain of title is not already apparent from the PCT record

• Priority document, where it has not been made available through the International Bureau or DAS

• Sequence listing in electronic form, for applications in the life sciences

A request for examination is also due at the 31-month point for applications entering on or after 15 March 2024, so Form 18 or Form 18A is filed at entry rather than being docketed separately.

General information on Indian law, not legal advice. For advice on your situation, contact the firm.

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