International Applications Designating or designating and Electing India :

Rule 20 provides that an application corresponding to an international application under the Patent Cooperation Treaty may be made in Form 1. However, the Patent office shall not commence processing of an application filed corresponding to international application designating India before the expiration of the time limit of thirty one months from the priority date. However, the Patent Office may, on express request filed in Form 18 alongwith the fee specified in First Schedule, process or examine the application at any time before thirty one months from the priority date.

An applicant in respect of an international application designating India shall, before the prescribed period pay the prescribed national fee and other fees to the patent office in the prescribed manner; and where the international application was either not filed or has not been published in English, file with the patent office, a translation of the application in English, duly verified by the applicant or the person duly authorized by him that the contents thereof are correct and complete.

In terms of Rule 20(5) the translation of the international application should include a translation in English of the description; the claims as filed; any text matter of the drawings; the abstract; and in case the applicant has not elected India and if the claims have been amended under Article 19, then the amended claims together with any statement filed under the said Article; in case the applicant has elected India and any amendments to the description, the claims and text matter of the drawings that are annexed to the international preliminary examination report.

If the applicant fails to file a translation of the amended claims and annexures as above, even after invitation from the appropriate 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 appropriate office. The applicant in respect of an international application designating India is required to use Forms set out in the Second Schedule before the appropriate office as designated office.