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Can we file a PCT application as the parent application

PCT is not a patent, then can we file directly PCT without filing any patent application


 4 Replies

ravi teja singh (JE)     25 April 2013

In india you can file a PCT before applying for patent  in india, but the PCT application must designate india also. For this you will have to get an order from the controller.

And the other thing to keep in mind is that whenever you enter the national phase of application you must enter the nation phase of application in india first and then other country.

ravi teja singh (JE)     25 April 2013

WIPO website have great resources regarding PCT

you can find it here

Rajesh Hazra (Mediator and Legal Counsel )     26 April 2013

Dear Navya

As this has been very well explined by Chaitanya Priya you can file PCT directly without any priority filing as first filing on taking permission from the Controller U/s 39. You may get the serch report from ISA on 9 months from filing you do not need to wait till 16 months in case of first filing of your PCT.

Correct me if I am wrong....



Banker Harpreetsingh (Patent Agent)     14 May 2013

U/s 39 , Rule 71 

You will have to take permission (6-weeks piror) from the controller for foreign filling of the Application before filling the application in India in FORM 25, Clearly stating the reasons for the same. The controller shall dispose off the applicaiton within 21 days. 

Pl read 


Section 39

Residents not to apply for patents outside India without prior permission



(1) No person resident in India shall, except under the authority of a written permit sought in the manner prescribed and granted by or on behalf of the Controller, make or cause to be made any application outside India for the grant of a patent for an invention unless—

              (a) an application for a patent for the same invention has been made in India, not less than six weeks before the application outside India; and

               (b) either no direction has been given under sub-section (1) of section 35 in relation to the application in India, or all such directions have been revoked.

(2) The Controller shall dispose of every such application within such period as may be prescribed:
Provided that if the invention is relevant for defence purpose or atomic energy, the Controller shall not grant permit without the prior consent of the Central Government.

(3) This section shall not apply in relation to an invention for which an application for protection has first been filed in a country outside India by a person resident outside India.

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