You have secured a patent in India, but your innovation could generate revenue across multiple countries. Filing separate patent applications in each target country creates complexity and high costs. The Patent Cooperation Treaty (PCT) offers a streamlined alternative.
This guide explains how to use the PCT system to protect your inventions across multiple global markets efficiently. Also, for a comprehensive understanding of the Indian patent application process, read our detailed guide.
What Is the PCT System?
The Patent Cooperation Treaty (PCT) is an international agreement administered by the World Intellectual Property Organization (WIPO). The PCT streamlines the initial process of filing patents in multiple countries by allowing you to file a single international patent application instead of several separate national applications.
The PCT does not create a “global patent.” Instead, it provides a unified procedure for filing that delays your entry into individual national patent systems.
India joined the PCT in 1998, allowing Indian entities to transition from domestic applications to global protection under WIPO protocols.
Why Indian Companies Should Consider PCT Filing
When you assess international patent protection, the PCT route offers three strategic advantages:
Extended decision time: Standard filing gives you 12 months from your domestic filing to file internationally. PCT extends this window to 30 or 31 months.
Deferred costs: You delay major translation and national office fees by postponing national filings.
Early evaluation: WIPO provides an International Search Report (ISR) and written opinion on your invention’s patentability before you invest in specific country filings.
How PCT Filing Works: Step by Step
The PCT process involves five phases over 30-31 months.
Step 1: File PCT Application
You file your PCT application through the Indian Patent Office (IPO) as the Receiving Office or directly with WIPO’s International Bureau. You must file within 12 months of your Indian patent application to claim priority.
Step 2: International Search Report
An International Searching Authority (ISA) reviews your application and identifies relevant prior art. The ISA provides a written opinion on whether your invention appears novel, involves an inventive step, and has industrial applicability.
Indian applicants can choose from several ISAs, including the Indian Patent Office, European Patent Office, or US Patent and Trademark Office.
Step 3: International Publication
WIPO publishes your PCT application alongside the International Search Report 18 months from your priority date. This publication provides formal notice of your pending intellectual property rights.
Step 4: International Preliminary Examination (Optional)
If the ISR raises objections, you can request an International Preliminary Examination. This allows you to amend your application and respond to examiner concerns. The goal is obtaining a positive International Preliminary Report on Patentability (IPRP) before entering the national phase.
Step 5: National Phase Entry
At 30 or 31 months from your priority date, you must enter the “national phase” by submitting your application to individual countries’ patent offices. This step requires paying national fees, providing translations, and hiring local attorneys.
Countries Available Through PCT
The PCT system covers 153+ contracting states, including major markets like the United States, China, the European Union, Japan, and South Korea. You can target virtually any significant market through your single initial application.
PCT Fees for Indian Applicants
PCT filing involves three main costs:
Transmittal Fee: Paid to the Receiving Office (typically the Indian Patent Office)
Search Fee: Paid to your chosen International Searching Authority (varies by ISA)
International Filing Fee: Paid to WIPO (with reductions available for Indian natural persons)
While these fees increase your upfront costs, they are significantly less expensive than immediately filing in multiple countries at the 12-month deadline.
Using the 30-Month Window Strategically
The 30-month delay before national phase entry is the PCT’s greatest advantage. You can use this period to:
Secure global investors
Test product-market fit in target jurisdictions
Evaluate commercial viability
If your product fails to gain traction, you abandon the PCT application without expensive national filings. If it succeeds, you know which markets justify national phase investment.
PCT vs Direct National Filing
Choose direct national filing if you target only one or two specific countries. Direct filing is generally faster and more cost-effective for limited geographic scope.
Choose PCT filing if you plan to target three or more countries or need additional time to secure funding and assess market demand.
Protect Your Global Innovation
Expanding your intellectual property globally requires careful planning, deadline management, and technical expertise. Mistakes during the international phase can compromise protection in key markets.
Altacit Global manages PCT filings and national phase entry across multiple countries through our international representative network. Contact Altacit Global today to discuss your global patent strategy and ensure your innovations receive strategic protection worldwide.
You can also explore our Intellectual Property Services to discover how Altacit Global can help protect your future, or dive deeper with our complete guide to Intellectual Property Law in India.
Step 4: Examination and registration
Assuming there are no objections, the Copyright Office will examine your application. An examiner will review the details to ensure the work is original and falls under a copyrightable category.
If there are discrepancies, the examiner will issue a letter asking for clarification. You must respond promptly to keep the application active.
Frequently Asked Questions - PCT International Patent Filing
Can individual inventors file PCT applications from India?
Yes. Both individual inventors and corporate entities residing in India or holding Indian nationality can file PCT applications. WIPO provides fee reductions for individual Indian applicants.
Do I need a foreign patent agent for the international phase?
No. A registered Indian patent agent can represent you during the international phase when filing through the Indian Patent Office. You only need foreign agents during national phase entry.
Does a positive ISR guarantee patents in the national phase?
No. While a positive International Search Report is persuasive and accelerates prosecution, individual national patent offices retain authority to grant or reject patents under their local laws.
What happens if I miss the 30-month deadline?
Missing the national phase deadline generally results in abandonment in those countries. Few jurisdictions offer grace periods, making strict deadline compliance essential.
5. How long does the entire registration process take?
If there are no objections from third parties or discrepancies found by the examiner, the process generally takes between 2 to 4 months from the date of application.
