How to file a patent outside India – International Patent applications

How to file a patent outside India – International Patent applications

Patents are territorial. That means the right of the patent is limited to the country in which you received the patent protection for your invention.

Now, you may be looking to get a patent for your invention in multiple countries of your interest, or You may be thinking why not get an entire world patent for my invention?

Although your thinking is right, There is nothing called a world patent; However, there are ways you can protect your invention in multiple countries. Some ways are inefficient and expensive while other ways are efficient and inexpensive and saving a lot of rework.

Direct or Paris Convention route:

Direct or Paris Convention route: You can directly file separate patent applications at the same time in all of the countries in which you would like to protect your invention (for some countries, regional patents may be available) or, having filed in a Paris Convention country (one of the Member States of the Paris Convention for the Protection of Industrial Property), then file separate patent applications in other Paris Convention countries within 12 months from the filing date of that first patent application, giving you the benefit in all those countries of claiming the filing date of the first application.

PCT route: You can file an application under the PCT, directly or within the 12-month period provided for by the Paris Convention from the filing date of a first application, which is valid in all Contracting States of the PCT and, therefore,

PCT filing is much simpler, easier, and more cost-effective than both, direct or Paris route filings.

The Patent Cooperation Treaty (PCT)

The PCT is an international treaty with more than 153 Contracting States. The PCT makes it possible to seek patent protection for an invention simultaneously in a large number of countries by filing a single “international” patent application instead of filing several separate national or regional patent applications. The granting of patents remains under the control of the national or regional patent Offices in what is called the “national phase”.

It is a multilateral treaty that entered into force in 1978. Through PCT, an inventor of a member country (Contracting state of PCT can simultaneously obtain priority for his / her Invention in all/ any of the member countries, without having to file a separate application in the countries of interest, by designating them in the PCT application. India joined the PCT on December 7, 1998.

PCT is an international treaty, which provides the facility to the applicant to file a single patent application and designate the countries in which he/she wants to protect his IP rights. Thus a single patent application is filed for the purpose of an international search report.

A single international patent application has the same effect as national applications filed in each designated Contracting State of the PCT. However, under the PCT system, in order to obtain patent protection in the designated States, a patent shall be granted by each designated State to the claimed invention contained in the international application.

Filing:

You file an international application with a national or regional patent Office or WIPO, complying with the PCT formality requirements, in one language, and you pay one set of fees. International

Search:

An “International Searching Authority” (ISA identifies the published patent documents and technical literature (“prior art”) which may have an influence on whether your invention is patentable, and establishes a written opinion on your invention’s potential patentability.

International Publication:

As soon as possible after the expiration of 18 months from the earliest filing date, the content of your international application is disclosed to the world.

To know more about Patent Cooperation Treaty PCT application and its advantages over the convention application, you may read our section on PCT and International patent application.

You may also check our article on PCT National phase application in India.

Patent Drafting Fees for India-Only vs International (foreign)

₹ 30,000 Patent Drafting professional fees for Indian Filing Only

This discounted fee applies only if you plan to file your patent exclusively in India.
It covers drafting as per Indian Patent Office requirements and is ideal for:

  • Individual inventors or startups focusing only on India
  • Academic or research institutions with local protection needs

However, this version is limited to Indian standards. If you later decide to expand protection internationally (via PCT or convention routes), the application would require restructuring or re-drafting, leading to additional costs and time.

₹50,000 Same Patent application can be filed in India + International (Foreign countries) (Recommended)

Our standard drafting fee of ₹ 50,000 includes a globally compliant patent specification, prepared to meet the formal and legal requirements of major patent offices — such as the USPTO (USA), EPO (Europe), JPO (Japan), and others, in addition to India.

This comprehensive draft:

  • Can be filed in any number of countries without paying drafting fees again
  • Is designed to meet international patent laws and claim standards
  • Ensures smooth filing through PCT or convention routes
  • Adds value for investors, licensees, and global partners

The ₹50,000 global-ready draft is a future-proof investment — ensuring that your patent can easily be extended worldwide whenever you decide to expand.

Why Choose India + International protection for Your invention ?

A patent once drafted properly can be used globally without rework. Paying only ₹20,000 more today saves substantial cost, time, and effort later while securing stronger protection and higher commercial value.

Prasad Karhad
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