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PaFiling
Patent PCT Application India
International Application must be filed with any of the
receiving offices i.e. Patent office, and the request form
and the documents attached therewith should be in
triplicate.
It must
contain a request, a description, one or more claims, one or
more drawings (where required) and an abstract; it must
comply with the prescribed physical requirements; it must be
in one of the prescribed languages; finally, the required
fees must be paid. These requirements will be dealt with one
by one. The request may also be presented as a computer
printout as prescribed by Section 102(h) of the
Administrative Instructions or, alternatively, as a computer
printout prepared using the PCT-SAFE (PCT-EASY) software, in
which case it must be accompanied by a computer diskette
containing a copy in electronic form of the data contained
in the request and of the abstract. It must further contain
the title of the invention, the necessary data concerning
the applicant, the inventor and the agent representing the
applicant. It must be signed by the applicant or his agent.
Where there are two or more applicants, each applicant must
sign at his choice either the request or, if the request is
signed by an agent, a separate power of attorney. The
request may contain some optional indications, in particular
a priority claim according to the Paris Convention for the
Protection of Industrial Property.
Priority
Only one
certified copy is required of each priority of the
application and to be furnished within 6 months from the
filing date; no copies for each designated Office are
needed. The copies for the designated Offices are
prepared—at no additional cost to the applicant—by the
International Bureau. Transmittal of the priority document
need not be monitored if a request for transmittal by the
Receiving Office to the International Bureau of an
application filed with that Receiving Office was made in the
Request Form and the applicable fee for a priority document
was paid to the Receiving Office.
Description
The
description
of the
invention in the International Application must disclose the
invention in a manner sufficiently clear and complete for
the invention. The description first repeats the title of
the invention. It then specifies the technical field to
which the invention relates. It indicates the so-called
“background art,” that is, the technical and, in particular,
patent literature, pertaining to that technical field,
constituting the “prior art” or “state of the art” or known
technology for the newly filed application. It discloses the
intention in a way, which allows the technical problem and
its solution to be understood. It states the advantageous
effects of the invention as compared with the known
technology. It briefly describes the figures in the
drawings. It sets forth the best mode contemplated by the
applicant for carrying out the invention and any other mode
he wants to include. Finally, it indicates the way in which
the invention is capable of exploitation in industry.
Sequence Listing
Section
806 of PCT allows a designated Office to require that a copy
of a sequence listing part filed only on an electronic
medium under new Section 801 be furnished, for the purposes
of the national phase, on paper.
Claims:
The
claims
must define the subject matter of the
invention for which protection is sought. They must be clear
and concise and fully supported by the description. With
respect to the structure and drafting of claims, the PCT
requirements are largely similar to what is accepted in most
patent Offices.
Drawings:
The
drawings are
only required where they are necessary for the understanding
of the invention. This will be the case for an engineering
type of invention. It will not be the case when an invention
cannot be drawn, as is the case for a chemical product. Here
again, the requirements are similar to those of most patent
Offices.
Abstract:
The
abstract
is intended to serve the purpose of technical
information. The Treaty says clearly that it cannot be taken
into account for any other purpose. This means in particular
that it cannot be used for the purpose of interpreting the
scope of the protection sought. The abstract consists of a
concise summary of the disclosure of the invention as
contained in the description, claims and drawings in
preferably within 50 to 150 words. It must be drafted in a
way, which allows the clear understanding of the technical
problem, the gist of the solution of that problem through
the invention, and the principal use of the invention.
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