The second and most important step in the Patent Cooperation Treaty (PCT) procedure is national phase filing. In order to pursue patents in specific nations or regions where protection is desired, an inventor must first submit a PCT application in order to seek international patent protection. In this step, the single international application is divided into distinct national or regional applications, each of which is subject to local legal scrutiny.
The national phase entry must be finished within 30 or 31 months of the earliest priority date (the date of the first filed patent application) in the majority of nations, including India. Patent rights in that jurisdiction may be lost if this deadline is missed.
In order to proceed to the Indian national phase, the candidate needs to submit:
A duplicate of the global application
An confirmed translation into English (if applicable)
Official fees and prescribed forms
An examination request (which may be submitted at a later time, within 48 months of the priority date)
After being submitted, the application is examined formally and handled similarly to a standard Indian patent application. On the basis of national patentability standards, the Indian Patent Office may object or ask for changes.
National Phase Filing Advantages:
gives time (up to 30 months) for strategy planning, funding acquisition, and market analysis.
Prevents the necessity of submitting numerous applications at the beginning
provides a methodical route to international patent protection.
To guarantee adherence to the unique filing requirements, deadlines, and translation requirements of each nation, it is crucial to collaborate with a patent attorney or agent.
Conclusion
A crucial first step in implementing a worldwide patent strategy is national phase filing. In order to support global expansion and business success, inventors and businesses can obtain valuable patent rights in important markets by adhering to local regulations and entering the national phase on schedule.