Skip to content

CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Patents

Tarini Biotech, a Pune firm, files an international application under the Patent Cooperation Treaty designating India. The international filing date accorded under the PCT is 10 March 2024, and the application enters the Indian national phase on 5 September 2025. Under the Patents Act, 1970, from which date does the 20-year term of any resulting Indian patent run?

The term runs from 10 March 2024. For PCT applications designating India, the Patents Act measures the twenty-year term from the international filing date accorded under the PCT, not from the date of national phase entry, grant or publication in India.

  1. AFrom 10 March 2024, the international filing dateCorrect
  2. BFrom 5 September 2025, the date of national phase entry
  3. CFrom the date on which the patent is granted in India
  4. DFrom the date of publication of the application in India

Explanation

The Explanation to Section 53(1) says that for international applications filed under the PCT designating India, the term is twenty years from the international filing date accorded under the PCT. The national phase entry date is therefore irrelevant to the term, so the second option is wrong.

Did you get it right without looking?

One question tells you little. A timed set on Law relating to Patents shows your real accuracy, how long you take and where you lose marks.

Practise Law relating to PatentsFree diagnostic mock

More Law relating to Patents questions