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In today’s fast-paced innovation-driven economy, safeguarding intellectual property on a global scale is vital for inventors, startups, and companies. For those looking to secure patent protection in multiple countries, the Patent Cooperation Treaty (PCT) provides an efficient and streamlined route. This blog will provide an in-depth look at the PCT filing procedure in India, explaining the PCT patent application process, timelines, benefits, and how AMD LAW INDIA can assist with expert guidance throughout.
The Patent Cooperation Treaty (PCT) is an international treaty administered by the World Intellectual Property Organization (WIPO), allowing inventors to file a single international patent application to seek protection in over 150 contracting countries, including India.
Instead of filing separate patent applications in each country, the PCT patent process simplifies the initial filing, deferring the need to enter individual national or regional phases for up to 30 or 31 months from the priority date.
This system provides time to assess commercial potential, raise funds, or find licensees before incurring the substantial costs of multiple national filings.
India is a member of the PCT, and inventors or applicants who are Indian residents or nationals can file PCT applications through the Indian Patent Office (IPO). Here’s a breakdown of the PCT application procedure from India:
You can initiate the PCT process in two ways:
Route 1: File a national patent application with the Indian Patent Office first (provisional or complete). You then have 12 months to file a PCT application claiming priority from the Indian filing.
Route 2: File directly as a PCT application with the Indian Patent Office acting as a Receiving Office (RO).
For Indian applicants, the IPO acts as the Receiving Office. Applicants need to submit:
Application forms (PCT/RO/101)
Description, claims, abstract, drawings (if any)
Priority documents (if claiming priority from earlier filings)
Prescribed filing fees
After filing, the application undergoes an International Search by an authorized International Searching Authority (ISA). India permits the selection of ISAs such as:
Indian Patent Office (ISA/IN)
European Patent Office (ISA/EP)
Austrian Patent Office
Others depending on arrangements
The ISA issues an International Search Report (ISR) and Written Opinion assessing patentability. These documents help applicants evaluate the strength of their invention early.
After 18 months from the priority date, WIPO publishes the application in the international patent database (PATENTSCOPE), making it publicly accessible.
Applicants may opt for an additional examination (Chapter II of PCT) called the International Preliminary Examination to further refine the patentability analysis before national entry.
By the 30th or 31st month from the priority date (depending on the country), the applicant must enter the national phase in the countries where patent protection is sought.
For India, this involves:
Filing a national phase application with the IPO
Submitting a verified English translation (if applicable)
Paying national fees
Responding to Indian patent examination and procedural requirements
Single international application simplifies filing across multiple jurisdictions
Extended timeline (up to 31 months) to assess markets and make strategic decisions
Preliminary patentability reports provide valuable insights early in the process
Global visibility through WIPO publication
Cost-effective and centralized approach for international patenting
At AMD LAW INDIA, our experienced patent attorneys and international IP consultants assist clients in every stage of the PCT patent application process, including:
Drafting high-quality patent specifications aligned with international standards
Filing and managing PCT applications through the Indian Patent Office
Choosing the right International Searching Authority (ISA)
Advising on international publication and examination strategy
Handling national phase filings in India and globally
Providing cost-effective and transparent solutions tailored to inventors, startups, and corporations
With deep domain expertise in intellectual property laws and a cross-border legal network, we ensure your innovation gets the global protection it deserves.
Ready to file a PCT application or need guidance on the international patenting strategy?
📞 Call Us: 993-090-3222
📧 Email: support@amdlawindia.com
🏢 Address: 100 Postmaster Drive, #2831, McDonough, Georgia 30253, USA
Our team is here to provide a seamless experience in your journey from invention to international IP protection.
Q1: Can I file a PCT application without filing a national application first?
Yes, you can directly file a PCT application through the Indian Patent Office as a Receiving Office. However, many inventors choose to file a national application first to establish an early priority date.
Q2: What is the timeline for national phase entry in India?
You must enter the national phase in India within 31 months from the priority date of the first application (Indian or foreign) from which the PCT application claims priority.
Q3: Do I need to translate my PCT application for filing in India?
If your PCT application is not in English, you need to provide a verified English translation at the time of national phase entry.
Q4: What is the cost of filing a PCT application in India?
Costs vary based on the number of pages, claims, and whether a professional attorney is involved. AMD LAW INDIA offers competitive pricing and packages tailored for individual inventors and corporates.
Q5: Is patent granted after PCT filing?
No. The PCT system facilitates the filing process, but the actual grant of a patent occurs at the national phase after examination by individual patent offices like the Indian Patent Office.
For professional and reliable PCT patent consulting services, contact AMD LAW INDIA – your trusted partner in intellectual property protection.
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