BIMI G B

ASSISTANT CONTROLLER OF PATENTS

INDIAN PATENT OFFICE

NEW DELHI

Email: bimigb.ipo@nic.in

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Year RO/IN RO/IB

Physical ePCT Total Physical ePCT Total

2015-16 385 308 693 17 694 711

2016-17 271 473 744 16 783 799

Receiving office or RO –Receipts the IA

Does the following verifications;(Article 11 and 14)

Formality Check :Nationality/Residence

At least one of the applicants must have the right to file with

the RO

The application must be in a language accepted by the

RO(English/Hindi)

(If formality criteria not satisfied, IA referred to IB)

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e PCT was started in Delhi in 2014 November and centralised in April 2017

All International applications filed under PCT online ,through e PCT module is being processed and record copy transmitted to WIPO by Patent Office Delhi.

Checks for national security clearance/FFL (as per section 39 of Patent

Act 1970)

Section 39 : Residents not to apply for patents outside India without

prior permission. -(1) No person resident in India shall, except under the

authority of a written permit sought in the manner prescribed and

granted by or on behalf of the Controller, make or cause to be made any

application outside India for the grant of a patent for an invention

unless-(a) an application for a patent for the same invention has been

made in India, not less than six weeks before the application outside

India; and

(3) This section shall not apply in relation to an invention for which an

application for protection has first been filed in a country outside India

by a person resident outside India .]

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Forwards the record copy to IB and the search copy to ISA,

including any required translation (Article 12 and Rules 22.1

and 23.1)

•Forwards and receives correspondence from applicants and

the international authorities

•Establishes priority documents of PCT applications filed with

it (Rule 21.2)

INDIAN PATENT OFFICE (IN)

AUSTRIAN PATENT OFFICE (AT)

AUSTRALIAN PATENT OFFICE(AU)

EUROPEAN PATENT OFFICE ( EP)

CHINESE INTELLECTUAL PROPERTY OFFICE (CN)

UNITED STATES PATENT & TRADEMARK OFFICE(US)

SWEDISH PATENT OFFICE (SE)

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Request (Article 3(2)) –RO/101

Description (Article 3(2))

one or more claims (Article 3(2))

abstract (may be filed later without affecting the international filing date)

(Articles 3(2) and 3(3))

Drawings (where applicable) — later submission may, subject to certain

conditions, result in a later international filing date (Articles 3(2) and 14(2))

Sequence listing part of description (where applicable) (Rule 5.2(a))

Indications containing references to deposited microorganisms or other

biological material (some designated Offices (e.g. Japan) require that they

be in the description or in the international application on the international

filing date) (Rule 13bis)

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translation of the international application for the purposes

of international search or international publication — may be furnished later without affecting the international filing date (Rules 12.3 and 12.4)

separate power of attorney or copy of general power of attorney — may be filed later without affecting the international filing date (Rules 90.4 and 90.5)

In case of offline filing three copies with RO/IN or one copy with RO/IB

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Offline numbering for RO – 000001

E PCT /online numbering – 050001

Forms :

RO/IN –101 -159

ISA/IN – 201-238

RO/IB - 301 - 399

IPEA - 401-444

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Computer-generated request (Rules 3.1 and 3.4, Section 102(h))

International application number

Filing date

Name and address of applicants

Nationality and residence of applicants

Name and address of authorized patent agents

Priority claims with date –multiple priorities can be claimed

ISA nominated

Fee reduction details (Small entity/start up)

Number of pages

Declaration by inventors

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Request can be updated based on any missing

data for which objections are raised by RO

RO/101 is available on the e PCT module while

filing or is available with the RO or WIPO

website (can be downloaded

(http://www.wipo.int/pct/en/forms)) in case

of Offline filing.

any text printed in italics may be omitted

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The request must be signed by all persons (legal entity or natural

persons (Rules 4.15, 26.2bis(a)) indicated as applicant or

applicant and inventor

BUT: if only one of the applicants signs, the lack of signature of the

other applicants will not be considered a defect

WARNING: Any notice of withdrawal would have to be signed by

or on behalf of all applicants (including applicant/inventors)

Purpose:

possibility to anticipate certain national phase requirements

during the international phase (Rule 51bis.2)

inclusion in request or subsequent filing is optional

Declarations relate to the following matters (Rule 4.17):

identity of the inventor

applicant’s entitlement to apply for and be granted a patent

applicant’s entitlement to claim priority of an earlier

application

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Applicants may correct or add any of the declarations filed under Rule 4.17

Time limit:

until the expiration of 16 months from the priority date (or even later, provided that the declaration is received by the International Bureau before the technical preparations for international publication have been completed)

The receiving Office or International Bureau may invite the applicant to correct any declaration that is not worded as required or, in the case of the declaration of inventorship (Rule 4.17(iv)), is not signed as required

Transmittal fee

International filing fee (for IB)

Search fee (for ISA)

fee for priority document

late payment fee

(Fees indicated in italics are to be paid only as per

instructions from RO

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RO/101

RO/102 RO/105

Demand Letter RO/106

One month

TF PF SF IB (UTR No) Record copy to IB

Not paid paid

RO/133 SC/ISA

Not Paid Certified copy /IB

RO/117

Withdrawn

The amount of the late payment fee depends on the

amount of the unpaid fees indicated in the invitation

to pay: it is 50% of the unpaid amount, subject to

minimum and maximum amounts. The minimum is

equal to the transmittal fee and applies where the

unpaid amount of fees is less than the amount of the

transmittal fee; the maximum is equal to 50% of the

international filing fee.

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RO/105 is issued for intimation of international application number

RO/106 – in case of defects

RO/107- in case of incorporation of reference (missing parts)

RO/126 –for later submitted parts

RO/110- Priority defects

RO/132- where no other form is prescribed

After basic forms are issued and processed, the record copy is transmitted to IB

Applicant gets instant intimation through his email recorded in the e PCT module.

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Natural Person

International Filing fees

**90% FEE REDUCTION (If one of the applicant has a different

nationality/Residence, 90% IB fee reduction cannot be claimed)

Search fees (AT/EP/SE)

***75% FEE REDUCTION

Legal Entity

Start Up (DIPP certificate)

Small Entity (e Udhyog Adhaar Certificate)

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For Applicants

A single application in a single language filed in a single

country called the international application and has the

effect of filing simultaneously in different countries

(designated countries).

Online filing through e PCT offers the following fee

reductions;

USD 205(PDF filing)

USD 308(XML filing)

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International Filing Fee USD 1,366 **

Search Fees

(AT) USD 2,202***

(AU) USD 1,722

(CN) USD 316 (EP) USD 2202***

(SE) USD 2202***

(US) USD 2080

For small entity

USD 1,040

For micro entity:

USD 520

(IN) INR 10000

INR 2500*

USD 153

USD 38*

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For e-filing For physical filing

Transmittal Fee

INR 16000/- INR 17,600/- for legal entity

INR 3200/- INR 3,500/- for natural person

INR 8000/- INR 8800/- for small entity

Fee For Certified

Copy

INR 5000/- INR 5,500/- for legal entity

INR 1000/- INR 1,100/- for natural person

INR 2500/- INR 2,750/- for small entity

USD A/C in SBI Overseas bank from 1998 closed in 2017

New INR A/C opened in the name of CGPDTM at Central

Bank of India FOREX division

The applicant can make payment towards IB fee and ISA

(except ISA/IN) fees directly through NEFT /RTGS and submit

the UTR /Ref numbers via email to RO/IN

RO prepares debit instructions to the bank and transmits the

payment subsequently to IB and ISA and also intimate the

same through e mail to all International authorities.

All agents required to make payment Online (10% reduction)

Transmittal and Priority fee also paid through form 30 via

online payment portal

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India is participating in the Pilot Project on Netting of PCT

fees with the European Patent Office and WIPO

This will be commenced from April 2018

Presently after confirming the search fees to IB , e Search

copies are tra s itted to the ISA’s except ISA/US

Priority documents shall be transmitted to IB through WIPO

DAS.The public notice already issued by IPO .

At present 95% of International applications are filed through

e PCT.

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Before Introduction of e PCT After Introduction of e PCT

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THANK YOU

More details…

http://ipindia.nic.in/contact-us-patents.htm