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PCT National Phase Entry

On September 7, 1998 India deposited its instruments of accession to the Paris Convention for the Protection of Industrial Property and to the Patent Cooperation Treaty. It has been possible to designate India in PCT applications since December7, 1998 and to elect India in the demand for preliminary examination. India is elected as a designated country in the demand for preliminary examination filed to file the PCT application within 19 months of the priority date, then the deadline for entry into the National Phase in India is 31 months from the Priority Date. If the applicant does not elect India in the demand for preliminary examination, then the deadline for entry into the National Phase in India is 21 months from the Priority Date. So, all applicants who have designated India in their PCT application filed on or after December 7, 1998, will be able to file PCT National Phase applications in India.

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