PCT International Application Filing Procedure in India
The PCT international application filing procedure in India enables applicants to seek patent protection across multiple jurisdictions through a single international filing under the Patent Cooperation Treaty (PCT). India functions as a recognized Receiving Office (RO/IN) under the PCT system, allowing resident and eligible applicants to file international patent applications directly from India.
Competent Receiving Office in India (RO/IN)
In India, the following branches of the Indian Patent Office are designated as competent Receiving Offices for PCT international applications:
- Kolkata
- New Delhi
- Mumbai
- Chennai
These offices collectively operate as RO/IN for processing PCT international patent applications filed from India.
Procedure for Filing a PCT International Patent Application from India
The PCT filing process from India follows a structured sequence under WIPO guidelines:
- Filing of the International Application
- International Search
- International Publication
- Supplementary International Search (Optional)
- International Preliminary Examination (Optional)
- International Publication
This standardized procedure ensures consistency and transparency across all PCT contracting member countries.
When and How a PCT International Patent Application Can Be Filed from India
A PCT international patent application from India must be filed within 12 months from the filing date of the corresponding Indian patent application to validly claim priority.
The international application must include:
- PCT request form
- Description of the invention
- One or more claims
- Drawings (if applicable)
- Sequence listing (if applicable)
- Abstract
- Prescribed official fees
All PCT international applications filed through India must be submitted in the English language.
Foreign Filing Permission under Indian Patent Law
If the PCT international application is filed within six weeks of the Indian patent filing date, prior permission under Section 39 of the Indian Patents Act, 1970 must be obtained from the Indian Patent Office before proceeding with the international filing.
Competent International Searching Authority (ISA)
With effect from 15 October 2013, the Indian Patent Office (IPO) has been designated as both an International Searching Authority (ISA) and an International Preliminary Examining Authority (IPEA) under the PCT.
Applicants filing a PCT application from India may choose from the following competent International Searching Authorities:
- Indian Patent Office (IPO)
- European Patent Office (EPO)
- United States Patent and Trademark Office (USPTO)
- Australian Patent Office (AU)
- Austrian Patent Office (AT)
- State Intellectual Property Office of the People’s Republic of China (CN)
- Swedish Patent and Registration Office (SE)
Competent International Preliminary Examining Authority (IPEA)
For applicants opting for international preliminary examination, the following authorities are competent International Preliminary Examining Authorities (IPEA):
- Indian Patent Office (IPO)
- European Patent Office (EPO)
- United States Patent and Trademark Office (USPTO)
- Australian Patent Office (AU)
- Austrian Patent Office (AT)
- State Intellectual Property Office of the People’s Republic of China (CN)
- Swedish Patent and Registration Office (SE)
Relevance for International Patent Filing from India
For startups, MSMEs, and foreign applicants, understanding the PCT international application filing procedure in India is essential for structuring an effective global patent strategy. The PCT framework offers procedural clarity, extended timelines, and access to international patentability assessments, supporting informed decision-making before entering national phases in key jurisdictions.