National Phase Application

National Phase Application

A national phase application extends an international patent application to individual countries or regions. After filing a PCT application, the applicant files separate applications in desired countries, which undergo examination. If granted, a patent is obtained. Requirements and timing vary by jurisdiction.

National Phase Application

A national phase application refers to the stage where an applicant extends their international patent application to individual countries or regions. After filing a PCT application, the applicant can enter the national phase by filing separate applications in desired countries, following specific requirements. Each application undergoes examination by the respective patent office. If it meets the criteria, a granted patent may be obtained. Timing and requirements vary by jurisdiction.

Different Types of National Phase Application

Under the Patent Cooperation Treaty(PCT) Application there are different types of National Phase Applications that can be filed based on the applicant’s strategies and specific needs. Here are some:-

Direct National Phase Application

Direct National Phase Application is the most preferred and most commonly used National Phase Application, whereas by filing the Direct National Phase Application the applicant can file his application in different countries or region within the time limit of 30 to 31 months from the filing date which is also known as Priority date. Based on the Internation application the application will filed on the PCT (Patent Cooperation Treaty) Application.

Regional phase application

In some countries, there are regional patent offices such as the European Patent Office (EPO) or the African Regional Intellectual Property Organization (ARIPO). In these situations, the applicant may choose to enter the regional phase instead of filing separate national applications for each country covered by the regional office.

Divisional application

If the international application includes multiple inventions, the applicant may file a divisional application during the national phase to pursue a separate patent application for each invention. This can be helpful if some of the claims in the original application are rejected or if the applicant wants to pursue distinct strategies for each invention.

Continuation application

This type of application allows the applicant to pursue additional claims or subject matter that were not included in the original application. It can be useful if the applicant discovers new aspects of the invention or wishes to cover additional embodiments.

Conversion application

If the applicant decides not to pursue the international application or to abandon it for some reason, they may file a conversion application during the national phase to convert the international application into a national application in a specific country or region.