Very nice video Sir.. many of my doubts got cleared after watching this.. just wanted to ask: PCT is the acronym for the "Patent Corporation Treaty" and not the "Paris Convention Treaty" ना ?
Sir, Please correct my understanding if i am wrong, 1) PCT National Phase Application: First filed in PCT Member Country then to IB 2) PCT International Application: First filed at IB Am i correct Sir??
I think, you should just forget what you have written. In simple words - PCT international application is an application that is filed with PCT/IB either through a receiving office or directly with IB. National Phase application is an application that is filed after filing a PCT application - this is where the national offices come into picture and you get a patent for that particular country.
Sir mujje samajh nahi aa raha he plz plz bataiye ke patent cooperation treaty me patent saari member countries me mil jata he to fir alag alag country me 31 months me kya karna hota he?
Heena, patent cooperation treaty is only to file an international patent application with WIPO (IB) - the patent is not granted or rejected - only filing happens - to buy extra time to enter other countries - without this, you will need to file in other countries within 12 months from the first filing. But after filing PCT you get overall 30/31 months to enter countries separately.
Hello Sir, If a client wants to file only in USA, then what should be the answer? He does not want to file in india. And If he wants to file in india, china and europe then do we have to mention only convention route or pct also? These questions came in 2007
Hello, these are bread n butter scenarios for a patent agent. You should explore and explain all possible routes to your clients based on time and budget availability. Coming to your question: if the client only wishes to file in USA, in that case, an Indian resident has to obtain FFL certificate u/s 39 and file with USPTO. In the second case where multiple countries are required to, one will start by filing an application in India, wait for a period of 6 weeks before filing in other countries. Now if the client is already sure about what all countries to file in and has enough budget available, you can enter all the countries through convention route within 12 months. However, if the client wishes to have extra time to decide on the countries and gather funds, you can file an international application (PCT) either with India as receiving office or directly with IB claiming priority from Indian filing (within 12 months) - later on the client can file national phase applications in the countries of choice within 30/3 months from the priority date. Hope it’s clear.
@@shitalghodinde8426 Depending on the "requirements and Constraints" mentioned in the question/scenario - if they were to say - not enough time, not enough budget you go for longer route - PCT --But if they were to say at the earliest without wasting any time-- you go for convention route.
If you want to feel secure, just glance through, what is the difference between design registration and patents- what is the process to file a design registration. Don't need to mugup anything
Sir, Some applications are considered as withdrawn, some abandoned, some refused. Is there any special logic behind withdrawn, abandoned and refusal of applications. ?
Abandoned" means the applicant failed to comply with requirements, and "withdrawn" means the applicant requested to cancel the application themselves. Refusal: when you lose your “case”
@@akhilav.s6187 Assume you have filed a complete specification - no forms/document compliance from the patent office as of now - You don't file a request for examination (that was on your part - controller/office doesn't ask for it) - in such a case, the application will be considered as withdrawn - because you didn't file the RFE to ask the patent office to examine. On the other hand, if there is a specific order from the controller - you don't meet that in the timeline - the application is considered abandoned.
@@sangeetatripathy54 So, why are you assuming? No details has been provided about the kind of invention - we know that it is about functionality and technicality - so the appropriate IPR is Patents (Not copyright or design or trademark) - now whether it is novel or not or as per section 3(k), we can take a call only after details are provided.
@@kirankumar-jl4ck Why are you confused Kiran? Or what are you confused about? You can file PCT application as the first application for your invention. Or, after filing a basic application - within 12 mnths from the filing date of your basic application.
Sir u r great thankyou so much for replying but sir plz give me your number mujhe aur doubts he delete it within 1 minute i m here waiting to save it i need to understand on call plz sir mere exam he kal
So much clarity in the way of explaining and knowledge. Recently started following. Very well 👌👌👌👌
Thank you Ranjan. Please consider spreading the word around so that the content reaches to all in need.. please like!
Nice explanation sir thank u
Very nice video Sir.. many of my doubts got cleared after watching this..
just wanted to ask: PCT is the acronym for the "Patent Corporation Treaty" and not the "Paris Convention Treaty" ना ?
Yes, PCT is always patent cooperation treaty.
And what about the fees? Do you have to pay fees to individual countries where your patent is protected? Tysm in advance for this terrific content 😊😊
Yes, each patent office needs to be treated separately - you pay all the fees for filing and maintaining your patent in other countries.
In the case of direct PCT application, how are the 31 months calculated?
First filing date - that is international filing date in case of direct PCT application
Sir, here in the illustrations, IPO refers to the Intellectual Property Office (of any convention country) or to the Indian Patent Office??
i mean, everything that is discussed must be valid for the Intellectual Property Office (of any convention country) too... right??
Yes majority of the content is valid all
Around
Sir, Please correct my understanding if i am wrong,
1) PCT National Phase Application: First filed in PCT Member Country then to IB
2) PCT International Application: First filed at IB
Am i correct Sir??
I think, you should just forget what you have written.
In simple words - PCT international application is an application that is filed with PCT/IB either through a receiving office or directly with IB.
National Phase application is an application that is filed after filing a PCT application - this is where the national offices come into picture and you get a patent for that particular country.
Ok, Understood... Thank You Very Much Sir..@@AbhayPorwal
Sir mujje samajh nahi aa raha he plz plz bataiye ke patent cooperation treaty me patent saari member countries me mil jata he to fir alag alag country me 31 months me kya karna hota he?
Heena, patent cooperation treaty is only to file an international patent application with WIPO (IB) - the patent is not granted or rejected - only filing happens - to buy extra time to enter other countries - without this, you will need to file in other countries within 12 months from the first filing. But after filing PCT you get overall 30/31 months to enter countries separately.
Thank You Sir
Most welcome
Hello Sir,
If a client wants to file only in USA, then what should be the answer? He does not want to file in india.
And
If he wants to file in india, china and europe then do we have to mention only convention route or pct also?
These questions came in 2007
Hello, these are bread n butter scenarios for a patent agent. You should explore and explain all possible routes to your clients based on time and budget availability.
Coming to your question: if the client only wishes to file in USA, in that case, an Indian resident has to obtain FFL certificate u/s 39 and file with USPTO. In the second case where multiple countries are required to, one will start by filing an application in India, wait for a period of 6 weeks before filing in other countries. Now if the client is already sure about what all countries to file in and has enough budget available, you can enter all the countries through convention route within 12 months.
However, if the client wishes to have extra time to decide on the countries and gather funds, you can file an international application (PCT) either with India as receiving office or directly with IB claiming priority from Indian filing (within 12 months) - later on the client can file national phase applications in the countries of choice within 30/3 months from the priority date.
Hope it’s clear.
Yeah thank you so much sir😊
We have to mention all the possibilities👍🏻
@@shitalghodinde8426 Depending on the "requirements and Constraints" mentioned in the question/scenario - if they were to say - not enough time, not enough budget you go for longer route - PCT --But if they were to say at the earliest without wasting any time-- you go for convention route.
Sir design act 2000 is included or not
If you want to feel secure, just glance through, what is the difference between design registration and patents- what is the process to file a design registration. Don't need to mugup anything
Thank you so much sir
Sir,
Some applications are considered as withdrawn, some abandoned, some refused. Is there any special logic behind withdrawn, abandoned and refusal of applications. ?
Abandoned" means the applicant failed to comply with requirements, and "withdrawn" means the applicant requested to cancel the application themselves. Refusal: when you lose your “case”
@@AbhayPorwal but sir, in some cases without making any request, Why some applications are considered as withdrawn? Please clarify.
@@akhilav.s6187 Please help me with examples so that I can attempt to clarify.
@@AbhayPorwal ok sir,
@@akhilav.s6187 Assume you have filed a complete specification - no forms/document compliance from the patent office as of now - You don't file a request for examination (that was on your part - controller/office doesn't ask for it) - in such a case, the application will be considered as withdrawn - because you didn't file the RFE to ask the patent office to examine.
On the other hand, if there is a specific order from the controller - you don't meet that in the timeline - the application is considered abandoned.
Sir what are the add portion in patent agent exam.
What exactly is your question, Sangeeta?
Sir I am asking about the new amendments of patent rules
Sir in question no. 50 ….any software can not patented in India
@@sangeetatripathy54 So, why are you assuming? No details has been provided about the kind of invention - we know that it is about functionality and technicality - so the appropriate IPR is Patents (Not copyright or design or trademark) - now whether it is novel or not or as per section 3(k), we can take a call only after details are provided.
@@sangeetatripathy54 ipindia.gov.in/rules-patents.htm; the rules are still in draft stage.
what is paris route?
Conventional route of 12 months to enter other countries.
Sir,Can we file pct application within 12 months after filing basic application , claiming priority?
PCT Application HAS TO BE FILED within 12 months from the first application, the one from where you are claiming priority.
@@AbhayPorwal are we allowed to file pct after filing the basic application sir?
@@kirankumar-jl4ck Why are you confused Kiran? Or what are you confused about? You can file PCT application as the first application for your invention. Or, after filing a basic application - within 12 mnths from the filing date of your basic application.
@@AbhayPorwalunderstood sir.
Sir u r great thankyou so much for replying but sir plz give me your number mujhe aur doubts he delete it within 1 minute i m here waiting to save it i need to understand on call plz sir mere exam he kal
Please e-mail me at abhayporwal@gmail.com