Filing Requirements in India

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Requirements for Filing PCT National Phase Applications in India

Mandatory Documents/Information at the Time of Filing:

  • English Specification of the patent.
  • Nationality of the applicant and inventors.
  • Foreign Filing License from the Indian Patent Office (required only if the inventors’ PCT address is in India).
  • Sequence Listing (if applicable) in both PDF and TXT formats.
  • Details of all corresponding foreign patent applications along with their current status (submitted on Form 3).
  • Verification Certificate for the English translation of the PCT specification (if originally filed in a non-English language).
  • Form PCT/IB/304, Certified Copy of the Priority Document, or DAS Code (we will download if available on the WIPO website).
  • Verified English translation of the Priority Document (if the priority application was non-English).

Documents/Information That Can Be Filed Later:

Power of Authority, executed by the applicant or an authorized official.

Proof of Applicant’s Right to File the Application, which can be either:

  • Option A: A Declaration-cum-India Specific Assignment, executed by the inventors and signed by at least two witnesses (with full names and addresses).
  • Option B: A Worldwide Assignment (in English), either:

    • Certified by a Patent Office (e.g., USPTO), or
    • A notarized true copy, bearing the original seal and signature of the Notary.