Pct application filing from provisional specification

In case of provisional application filed there is no claim and as such this is not a complete application. Hence if the understanding is correct the PCT can not stand based upon this application.

Regards

Thank you very much for your reply

Provisional applications are not published. Get a frest novelty search done. If novel, file a new application PCT or local, But you will not have the benefit of the priority date of the earlier application.

Dear Sailja,

You can definitely go ahead and file a PCT application claiming priority of your provisional application however your PCT application should be a complete application and not provisional. A PCT application has to be made within 12 months of filing the provisional application. After 12 months but before 14 months the priority may even be restored in case of PCT application. Please go through Ss. 135 and 136 of Patents Act, 1970

Hope this helps.

Best regards,

Abhinav Bhalla

www.brbhallaassociates.com