Patent cooperation treaty (PCT) application

Patent cooperation treaty (PCT) application

Patents are territorial. that means if you have patent for your invention in India you cannot stop someone from making using selling offering for sale or importing your patented invention in some other country, that is other than India.

If you are looking for filing PCT national phase application in India refer our detailed article : link here

Obviously, you may want to protect your invention in as many countries as possible.

To protect your invention internationally there are 3 ways:

  • File patent application directly outside India (through Convention or Patent Cooperation Treaty (PCT) route) without filing a patent application in India.  You need to take a Foreign Filing License (FFL) if you choose this route.
  • File patent application in India, and within 12 months of the priority date file Convention Applications in countries of your interest.
  • File PCT application within 12 months of the priority date.

If you go by the conventional way (that is by Paris convention) you need to file patent applications in all countries of your interest within 12 months from the date of filing of patent application in your home country. The Paris Convention is an international treaty that allows applicants to file the first application in their home country. And within 12 months period, further application called a Paris Convention application could be filed at desired countries.

For example, you selected 10 countries to file your patent application, can you imagine the simultaneous workload? doing all the steps in all the countries of your interest like replying to objections, request for examinations, translating your patent application into different languages and ultimately professional charges of patent agents and attorneys involved at different patent offices… and all this happening simultaneously !!!

this is what would happen if you take the convention route for international filing of your patent application. to avoid such chaotic condition expenses and additional workload patent cooperation treaty created.

“PCT is administered by World Intellectual Property Organization WIPO, and its primary objective is to provide a system where you need to make only one patent application which would be searched by at least one International search authority and examined by at least one selected International Preliminary Examination Authority IPEA”

It is important to remember that pct does not provide the grant of patent it only facilitates a single application that would be taken from searching to the examination stage centrally and which would be applicable for all the signatory countries in pct. Currently, the number of countries associated with PCT are 157.

when you file an International patent application to PCT Unlike the convention application, your international patent application is valid for all 157 member countries of PCT (that is up to the international phase) and here you have about 30 to 31 months of time to decide whether to enter into the national phase of the country of the interest. This decision depends on the international search and examination report. India joined pct membership on the 7th of December 1998.

Video : How to Choose Patent Applicant in India Individual vs Company for faster Grant

Advantages of PCT for International Patent application

advantages of pct application over Paris convention:

  • The pct provides the most effective and most economic way of filing a patent application in multiple countries
  • It enables the application to file a single patent application with a single patent office in a single language having an effect in each country which is signatory with PCT
  • The application is searched by international search authority
  • It provides a formal examination of the international application by an international preliminary examination authority
  • centralized International Publication of international patent application
  • reduced load on patent officers by taking international patent application through searching and examination before entering into the national phase

The international phase is the phase during which the international patent application is published, search, and examined before entry in the designated country (that is national phase)

The national phase is the phase when the International patent application enters in the countries of interest. The international patent application is searched and examined by National patent offices and its granted or rejected

If you are looking for filing PCT national phase application in India refer our detailed article : link here

If you have PCT application requirement, we can discuss it over a short call and see if it has any potential to move further.

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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