Entering the National Phase of Patent Applications in India via PCT Route

Importance of Detailed PCT Patent Application Documents to be Filed in India

• Complete patent specification as filed before WIPO, Geneva

• Amendments under Article 19 and/or 34, if applicable

• International Search Report (ISR)

• International Preliminary Examination Report (IPER), if applicable

• Priority Documents

  • Certified copy of priority application

  • Must be filed within 31 months from priority date

  • Electronic priority document exchange via WIPO DAS accepted

Patent Language Requirements and Translations

• If the international patent application was not filed in English:

  • Certified English translation of the application required

  • Translation must be certified by applicant or patent agent

  • Certification should state that translation is true and faithful

  • Must be filed at the time of national phase entry

The detailed patent description facilitates to protect your invention better. If someone tries to copy your idea but makes small changes, having a detailed patent invention description helps prove that they're really using your invention.

Strategic Importance of Indian Patent Protection

Indian Market Factors

1. Large Consumer Market

   • Population of over 1.4 billion

   • Rapidly growing middle class

   • Increasing purchasing power

2. Manufacturing Hub

   • Major manufacturing destination

   • Strong pharmaceutical and IT sectors

   • Growing automotive and electronics industries

Flexibility in Amending Patent Claims

One significant advantage of the examination process in India is the option to amend patent claims during the patent examination phase. This flexibility allows patent applicants to respond to feedback from patent examiners effectively. By refining patent claims based on the insights gained during patent examination, inventors can enhance their patent applications' chances of approval while ensuring that their inventions are adequately protected. The combination of early examination requests, the emphasis on comprehensive patent descriptions, and the ability to amend patent claims makes the patenting process in India more efficient and adaptable for patent applicants in 2025. This strategic approach helps inventors navigate potential challenges and secure their innovations effectively.

While both patent claims and descriptions are essential components of a patent application, descriptions often take precedence during patent examination due to their role in clarifying the invention details better, and facilitating comparisons with prior art cited by the patent examiner.

Bonus Tip for Patenting: Remember, you can't add new information to your patent invention after you file it, so it's better to include too much detail than too little. Think of everything someone might need to know to understand and make your invention work.

Our team

Our strength lies in our individuality. Set up by Advocate Prity Khastgir, the team is dedicated to empowering innovators by simplifying the patent process and ensuring that startups and small businesses can secure their inventions quickly and efficiently.

We focus on facilitating rapid access to patent protection, allowing our IP clients to take advantage of their innovations and succeed in a competitive landscape. With our extensive IP expertise in the fast-track patent process, we are committed to nurturing a dynamic environment of creativity and entrepreneurship, helping our clients bring their ideas to life.

Adv. Prity Khastgir

Registered Patent Attorney since 2007

Adv. Shweta Shalini

Senior Associate

Yashvendra Pandey

Head, Operations