Patents

PCT Patent Registration

One application. 150+ countries. The Patent Cooperation Treaty lets Indian inventors secure an international filing date and defer costly national phase fees by up to 30 months.

What Is the Patent Cooperation Treaty (PCT)?

The Patent Cooperation Treaty (PCT) is an international treaty administered by the World Intellectual Property Organization (WIPO) that provides a unified procedure for filing patent applications in multiple countries simultaneously. Rather than filing separate applications in each country from day one, an inventor files a single PCT application through a Receiving Office, which establishes an international filing date that is recognised in all 157 PCT member countries.

The PCT does not grant an "international patent" — patents are still granted by individual national or regional patent offices. What the PCT provides is a streamlined, cost-effective path to international protection, with the critical advantage of deferring the major expenses of individual national filings for up to 30 months from the priority date.

Benefits of Filing Under PCT

Single Filing Date, Multiple Countries

One PCT application establishes a priority date that is valid in all 157 member countries. You do not need to file immediately in each country — the international filing date protects your priority globally.

30 Months to Decide Markets

You have up to 30 months from the priority date to decide which countries to enter the national phase in. This gives you time to assess commercial potential before committing to expensive national fees.

International Search Report (ISR)

Every PCT application receives an International Search Report prepared by an International Searching Authority (ISA). This provides an objective assessment of novelty before you commit to national filings.

Written Opinion on Patentability

Along with the ISR, the ISA provides a Written Opinion on patentability — effectively an early examination report that helps you understand your application's prospects before national phase entry.

Simplified Procedure

Filing one PCT application is far simpler than filing separately in dozens of countries with varying requirements, languages, and deadlines — all from India using the Indian Patent Office as your receiving office.

Delay Major Costs

National phase entry involves translation costs, local attorney fees, and government fees in each country. PCT gives you 30 months to generate revenue before incurring these costs.

The Two-Phase PCT Process

Phase 1 — International Phase (WIPO)

The international phase begins when you file your PCT application with the Receiving Office (RO/IN — the Indian Patent Office) and ends when you enter national phases. Key steps:

Filing of international application (Form PCT/RO/101)
Formal examination by Receiving Office
International Search Report (ISR) by designated ISA
Written Opinion on patentability
International publication at 18 months (via WIPO PATENTSCOPE)
Optional: International Preliminary Examination (Chapter II)

Phase 2 — National Phase (Individual Countries)

At 30 months from the priority date, you enter the national phase in each country where you want protection. Each national phase involves:

Filing national phase entry forms in each chosen country
Paying national government fees
Providing translations if required (e.g., Japan, China, Germany)
Appointment of local patent attorney in each jurisdiction
National examination by each country's patent office
Grant of patent by each national office independently

PCT Timeline

Month 0

Priority Date

File provisional or complete patent application in India to establish your priority date.

Month 12

PCT Filing Deadline

File your PCT application (must be within 12 months of the Indian priority date to claim priority).

Month 16

ISR Issued

International Search Report and Written Opinion issued by the ISA (Indian Patent Office acts as ISA for Indian applicants).

Month 18

International Publication

Application published on WIPO PATENTSCOPE — publicly accessible worldwide.

Month 22

Chapter II Demand (Optional)

File demand for International Preliminary Examination for a second opinion on patentability. Optional but useful to improve claims before national phase.

Month 30

National Phase Entry

Deadline to enter national phase in all desired countries and pay national fees. After this, no further countries can be added.

Indian Patent Office as Receiving Office

Indian nationals and residents can file PCT applications through the Indian Patent Office (IPO), which acts as both a Receiving Office (RO/IN) and an International Searching Authority (ISA/IN). This means the ISR for your application can be conducted by the same office that handles domestic patent examination, often resulting in a faster and more predictable search process.

Filing Language

PCT applications filed through RO/IN must be in English. The IPO does not accept applications in other languages as RO.

ISA Options

Indian applicants can choose the Indian Patent Office, the European Patent Office (EPO), or the Austrian Patent Office as ISA. EPO is preferred for quality of search.

Government Fees

The IPO offers reduced international filing fees for Indian residents. Fees depend on the page count, number of claims, and ISA chosen.

What's Included

Filed within 24 hours

PCT Application Preparation
Filing via Indian Patent Office
ISA Coordination
International Searching Authority liaison and ISR response support
National Phase Guidance
Consultation with a Patent Expert

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