INTERNATIONAL APPLICATIONS UNDER
PATENT COOPERATION TREATY

20A. Definitions—In this Chapter, unless the context otherwise requires—

1. "Article" means an article of treaty;
2. "Treaty" or "PCT" means the Patent Cooperation Treaty done at Washington on the 19^th June, 1970 as amended and modified from time to time in terms of Articles 47 and 61 of the Treaty;
3. all other words and expressions used herein and not defined but defined in the PCT shall have the same meaning as assigned to them in that Treaty.

20B. Appropriate office in relation to international applications--

1. The Head Office of the Patent Office (hereinafter referred to as "Patent Office") shall function as receiving office, designated office and elected office for the purposes of international applications filed under the Treaty.
2. An international application shall be—

1. filed in and processed by the Patent Office as a receiving office;

in accordance with the provisions of this Chapter, the Treaty and the Regulations established under the PCT.

20C. International applications filed with Patent Office as receiving

office—

(1) An international application shall be filed with the Patent Office in triplicate, either in English or in Hindi language.

(2) The fees payable in respect of an international application filed with the Patent Office shall be, in addition to the fees as specified in the Regulations under the Treaty, the fees as specified in the First Schedule.

(3) Where an international application filed with the Patent Office has not been filed in triplicate and the applicant desires that the Patent Office should prepare the additional copies required, the fee for making such copies shall be paid by the applicant.

(4) On receipt of a request from the applicant and on payment of the prescribed fee by him, the Patent Office shall prepare a certified copy of the priority document and transmit the same to the International Bureau for the purpose of an international application filed with the Patent Office with an intimation to the applicant.

20D. International applications designating or designating and electing India— (1) An international application designating India shall be treated as an application for patent under the Act.

(2) For the purpose of an international application designating India, the title, description, drawings and claims filed in the international application shall be taken as the complete specification for the purpose of the Act.

(3) The filing date of an application for patent and its complete specification processed by the Patent Office as designated office shall be the international filing date accorded under the Treaty.

(4) The Patent Office shall not commence processing of an international application designating India before the expiration of the time limit prescribed under sub-rule (6) except when the applicant complies with the requirements of that sub-rule and files at the Patent Office an express request for early commencement of such processing.

(5) An applicant in respect of an international application designating India shall, before the time limit prescribed in sub-rule (6) —

1. pay the prescribed national fee and other fees to the Patent Office in the manner prescribed under these rules and under the Regulations made under the Treaty.

(b) file with the Patent Office a translation of the application in English duly verified by the applicant stating the correctness and completeness of the contents thereof, if the international application either not filed or has not been published in English.

(6) The time limit referred to in sub-rule (5) shall be—

(a) where the applicant has not, before the expiration of nineteen months from the priority date referred to in Article 2(xi), elected India for the purpose of the use of the result of international preliminary examination, twenty one months from the said priority date; and

(b) where the applicant has, before the expiration of nineteen months from the priority date referred to in Article 2(xi), elected India for the purpose of the use of the result of international preliminary examination, thirty one months from the priority date.

 

1. The translation of the international application referred to in sub-rule (5) shall include a translation in English of, --

(i) the description;

(ii) the claims as filed;

(iii) any text matter of the drawings;

(iv) the abstract;

(v) in the case referred to in clause (a) of sub-rule (6) and if the claims have been amended under Article 19, then the amended claims together with any statement filed under the said Article;

(vi) in the case referred to in clause (b) of sub-rule (6) and any amendments to the description, the claims land text matter of the drawings that are annexed to the international preliminary examination report.

(8) If the applicant fails to file a translation of the amended claims and annexures referred to in sub-rule (7), even after invitation from the Patent Office to do so within a time limit as may be fixed by that Office having regard to the time left for meeting the requirements, the amended claims and annexures shall be disregarded in the course of further processing the application by the Patent Office.

(9) The applicant in respect of an international application designating India shall when complying with sub-rule (5), preferably use forms set out in the Second Schedule before the Patent Office as designated office.

20E. Filing of priority Documents—(1) Where the applicant in respect of an international application designating India has not complied with the requirements of paragraph (a) or paragraph (b) of Rule 17.1 of the Regulations under the Treaty, the applicant shall file with the Patent Office the priority document referred to in that Rule before the expiration of the time limit referred to in sub-rule (6) of rule 20D.

(2) Where the priority document referred to in sub-rule (1) is not in the English language, a duly verified English translation thereof shall be filed within the time limit specified in sub-rule (6) of rule 20(D).

(3) Where the applicant does not comply with the requirements of sub-rule (1), or sub-rule (2) the Patent Office shall invite the applicant to file the priority document or the translation thereof, as the case may be within three months from the date of the invitation, and if the applicant fails to do so, the claim of the applicant for the priority shall be disregarded for the purposes of the Act.

20F. Effect of non-compliance with certain requirements— An international application designating India shall be deemed to be withdrawn if the applicant does not comply with the requirements of rule 20D.

20G. The requirements under this Chapter to be supplemental to the Regulations, etc., under the Treaty— (1) The provisions of this Chapter shall be supplemental to the PCT and the Regulations and the Administrative Instructions made thereunder.

(2) In case of a conflict between any provisions of these rules and the provisions of Treaty and the Regulations and the Administrative Instructions made thereunder, the provisions of the Treaty and the Regulations and Administrative Instructions made thereunder shall apply in relation to international applications.]

37. The Fourth Schedule substituted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.