International Patent Filing from India through the PCT Route
International patent filing from India can be efficiently achieved through the Patent Cooperation Treaty (PCT), a globally recognized system administered by the World Intellectual Property Organization (WIPO). A PCT application allows applicants to seek patent protection in multiple countries by filing a single international patent application within 12 months from the date of an Indian patent filing.
A patent application filed under the PCT, commonly referred to as a PCT international application, offers a streamlined pathway for innovators, startups, MSMEs, and foreign applicants to preserve their priority rights while planning global patent protection.
PCT Application for Startups, MSMEs, and Global Innovators
The PCT application for startups and emerging businesses is particularly valuable as it balances early-stage innovation with long-term commercial strategy. The PCT system currently covers more than 148 contracting member countries, enabling applicants to keep international patent options open while deferring significant jurisdiction-specific costs.
Instead of filing separate patent applications in multiple countries simultaneously, applicants may enter the national phase in selected jurisdictions within 30 or 31 months from the priority date, depending on the country.
Key advantages of filing a PCT application include:
- Deferred costs for international patent prosecution
- Extended time to evaluate market potential and commercialization strategy
- Flexibility in selecting countries for patent protection
- Early insight into patentability through international search and examination
Procedure for Filing a PCT Application from India
- Filing the International Patent Application
A PCT application from India may be filed either with the International Bureau (IB) of WIPO or through the designated Receiving Office (RO) in India. - International Search Report (ISR)
An International Searching Authority (ISA) conducts a prior art search and issues an International Search Report (ISR) along with a Written Opinion (WO) evaluating novelty, inventive step, and industrial applicability. - International Publication by WIPO
The PCT international patent application is published by WIPO after the expiry of 18 months from the priority date, making the invention publicly available along with the ISR. - Supplementary International Search (Optional)
Applicants may request a supplementary search to identify additional prior art, particularly documents in different languages or technical fields not covered by the primary ISA. - International Preliminary Examination (Optional)
Upon request, an International Preliminary Examining Authority (IPEA) conducts a further examination, often on amended claims, providing a detailed, non-binding opinion on patentability prior to national phase entry.
Why the PCT Route Matters for International Patent Filing?
For businesses pursuing international patent filing from India, the PCT route acts as a strategic bridge between domestic innovation and global market entry. It allows startups and MSMEs to align patent protection with funding cycles, investor diligence, and cross-border expansion plans, while ensuring compliance with international IP standards.