July 6, 2012: Good
news for applicants who are looking to file their PCT national phase applications
in India! The Indian Patent Office (IPO) has coordinated with the International
Bureau (IB) of WIPO to share resources that will eliminate the redundant
process that currently exist to submit a PCT national phase application in
India. The IPO will now have access to the PCT International applications and the
related documents that are available at the IB.
From July 6, 2012, an applicant will no longer be required
to file multiple copies of documents that have already been submitted by the applicant
at the IB. The IPO will itself electronically acquire the necessary documents required
for the PCT national phase applications from the IB.
The IPO has issued
instructions for the applicants to make them aware of the changes in the process. Some of the important changes are that an
applicant needs to fill only columns 1, 2, and 3 in Form 2.
Additionally, the last page of claims (first page, if claims comprise of only
one page) with date and signature also needs to be submitted. Needless to say,
all other documents that are applicable will still need to be filed. The
complete set of instruction can be accessed here.
An important
point to be highlighted is that the changes will be applicable to only those PCT national phase applications
entering India which do not claim priority of any PCT national phase
application filed previously in India.
Source: http://www.ipindia.nic.in/iponew/PublicNotice_PCT_02July2012.pdf
Given their successful track record, it seems likely that the PCT-PPH patent programs will not only become permanent, but will eventually extend to every major economy worldwide. Combined with the Cooperative Patent Classification system, total international harmonization looks inevitable.
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