/ / Transmittal Fees for filing International (PCT) Patent Application

Transmittal fees for filing International (PCT) Patent Application.

A patent is an exclusive right granted to an inventor for an invention that protects the inventor against any unauthorized use of such a patent, the patent is mostly granted for 20 years and the patent holder can take legal action against any unauthorized use of such patent.

The patent holder has the right to grant an exclusive or non-exclusive license to use the patent to anyone for a specific period, the patent holder shall receive consideration for the license. The licensee’s rights to use the patent shall be limited and the licensee shall pay a royalty to the patent holder out of the profit made by use of such patent. Therefore we can say A patent is basically the granting of protection to an invention, which is a means of doing something new or providing a new technical solution to a problem. However, there are some inventions that might not get patents such as discoveries, mathematical methods, commercial methods, plants and animal varieties, scientific theories, etc. Also, methods, surgeries, and treatments that are done on humans and animals do not get patented in some nations. 

Filing the Patent application at IPO under Patent Cooperation Treaty (PCT)

The Patent Cooperation Treaty (PCT) is an international treaty which is administered by the World Intellectual Property Organisation (WIPO). The treaty enables seeking patent protection for an invention internationally by filing a single “international” patent application instead of filing several separate national or regional patent applications. 

This treaty provides simple and easy methods for creators to apply for and in the end seek patents in many other countries. It also helps in promoting and easing the swapping of technical information enclosed in patent documents to workers of industries.

The benefit of using this treaty is that when an applicant files one application in one patent office, in a single language, he seeks a filing date and this date has further effect in every other PCT contracting state. It also provides a time duration where applicants can think about the proceedings in different nations.

A patent application filed under the PCT is called an international application, or PCT application. A PCT application is an international application governed by the Patent Cooperation Treaty and can be validated in up to 142 countries.

A PCT application is filed with a Receiving Office (RO) such as Indian Patent Office (IPO), which then transmits the PCT application to IB (International Bureau), WIPO, Geneva.

Advantages:

Patent protection is required to protect an invention. The fact that patent protection is jurisdiction-specific, makes it difficult to seek the protection of the invention in other countries. Therefore, an international patent application helps in seeking patent protection in other countries also. Therefore, there is a need for international patent protection. 

Procedure to file a PCT application:

  • Filing: An international application is filed with a national or regional patent Office or WIPO, complying with the PCT formality requirements, in one language, and a set of fees. This has to be done within 12 months of filing the local application.
  • International Search: The "International Searching Authority identifies the published patent documents which may influence the patentability of your invention, and publishes it within 16 months from applying to your home country.
  • International Publication: An international application has to be published within 18 months from applying in the home country.
  • Supplementary International Search (optional)
  • International Preliminary Examination (optional
  • National Phase: The final step is to pursue the grant of your patents directly before the national Patent Offices of the countries in which you want to obtain them.

PCT Filing Requirements

Patent applicants in India file PCT patents by complying with the PCT filing requirements as defined by the Indian Patents Act. The basic information required for patent filing in India includes:

  • PCT Application Number and International filing date.
  • Name, address, particulars, and nationality of applicant/s for patent
  • Name, address, and nationality of inventor/s of patent
  • English Translation of PCT Application i.e. description, claims, abstract, drawings (if any), sequence listing (if any). The translation should contain a rendition of specification, claims, abstract, drawings, text, Article 19 statement & amendments, and/ or Article 34 amendments.
  • Priority Application – Where PCT application claims a priority and the priority document was filed in compliance with Rule 17.1 of PCT with WIPO, a copy of Form of International Bureau 304 has to be filed with the Indian Patent Office along with a verified translation of priority documents if the priority document was not in English. The same must be filed within 3 months of the Examiner’s invitation (not extendable), failing which the priority is disregarded. In case priority documents were not filed in conformity with Rule 17.1, a certified copy of the same must also be filed within the above mentioned time limit.

Costs associated with a PCT Application

  1. International filing fee
  2. A search fee 
  3. A transmittal fee depending on the receiving Office

Cost of filing a PCT Application in India

  1. Transmittal fee of e-filing- Natural Person- 3200 INR, Small Entity – 8000 INR, Others – 16000 INR and for physical filing – Natural Person- 3250 INR, Small Entity – 8800 INR, Others – 17600 INR
  2. The international filing fee for Indian Applicant – 1471 USD (Fee per sheet over 30 is 17 USD and reduction in fee for PCT easy filing 11 USD)
  3. Search fee for Indian applicants choosing Indian Patent Office as ISA, for individuals 2500 INR and others 10,000 INR.
  4. Preliminary Examination fee where the ISR was issued by ISA/IN for individuals is 2500 INR and others 10,000 INR and where the ISR was not issued by ISA/IN for individuals is 3000 INR and others 12,000 INR.

Service Inclusions

Professional Fees

Service Exclusions

GST, Government Fee, and other Additional Taxes

Process followed by White Code Legal:

  1. The Client has to register themselves on our website.
  2. Once the Client is registered, we raise a Service Request.
  3. The Client receives a proforma invoice with an option to confirm and pay now or pay later
  4. Once the Client confirms, our dedicated relationship manager liaisons with our experts and clients share a list of client information required to deliver the service.
  5. Once we receive the information, we take the required steps to deliver the service and the service request is closed.

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