PCT Patent Application from India
Patent Cooperation Treaty · Indian Patent Office as RO/IN · Patents Act, sections 7 and 138
A PCT international application filed with the Indian Patent Office as receiving office within 12 months of your priority date keeps your invention open in more than 150 countries. You receive an international search report, the application is published at 18 months, and you choose countries at the national phase, 30 or 31 months from priority (31 in India and at the EPO).
- Reviewed by
- Registered Patent Agent
- Last updated
- Section 39 handled. We check the foreign filing licence position for every Indian-resident inventor before filing.
- Search authority chosen with you. Indian Patent Office, EPO or another competent ISA, by cost and strategy.
- National phase managed. Deadlines, translations and foreign attorneys coordinated from Vashi.
- Receiving office
- Indian Patent Office (RO/IN)
- Filing deadline
- 12 months from priority
- Search
- ISR + written opinion, ~16 months
- National phase
- 30 or 31 months
- Countries
- 150+ contracting states
How does a PCT application from India work?
The PCT is a filing treaty administered by WIPO. It lets you file one international application, in one language, that has the effect of a national filing in every PCT contracting state, and it defers the decision on where to seek patents until the national phase.
For Indian applicants the usual path is:
- Priority filing in India, often a provisional application. This fixes the priority date.
- PCT filing within 12 months, with the Indian Patent Office as receiving office (RO/IN). Indian nationals and residents can file at RO/IN or directly with WIPO’s International Bureau (RO/IB). Filing at RO/IN keeps the filing in India, which is how most Indian residents stay within section 39; filing directly with WIPO or abroad needs the six-week wait or written permission first.
- International search. The International Searching Authority (ISA) issues a search report and a written opinion on novelty, inventive step and industrial applicability, usually around 16 months from priority. Applicants filing at RO/IN can choose the Indian Patent Office, which has been an ISA and International Preliminary Examining Authority since 15 October 2013, or another competent ISA such as the European Patent Office.
- International publication by WIPO, promptly after 18 months from priority.
- Optional preliminary examination (Chapter II), requested by a demand, which lets you amend and argue before national phase.
- National phase entry in each chosen country by 30 or 31 months from priority.
Entering India at the national phase
Foreign applicants who designate India must enter the Indian national phase within 31 months of the priority date, with Form 1, the specification, the priority document where required, and the declarations on Form 3 and Form 5. The request for examination on Form 18 then falls due within 31 months of priority. Applications filed on or after 15 March 2024 follow these 2024 periods.
What the PCT does not do
The PCT does not grant patents. Each national office examines independently, and a positive international search report does not bind it. It also does not extend the 12-month priority year: a PCT filed after 12 months loses the priority claim, except in narrow restoration cases some offices accept.
What are the PCT deadlines from an Indian priority date?
Every PCT time limit runs from the earliest priority date. Missing the 12-month or national phase deadline usually cannot be cured.
| Month from priority | Step | Basis |
|---|---|---|
| 0 | Indian provisional or complete application filed | Patents Act, s. 7 |
| + 6 weeks | Earliest date to file abroad without written permission (if no secrecy direction) | Patents Act, s. 39 |
| 12 | PCT international application, and complete specification if the Indian filing was provisional | PCT art. 8; Patents Act, s. 9 |
| About 16 | International search report and written opinion | PCT r. 42 |
| 18 | International publication | PCT art. 21 |
| 22 | Latest usual date for a demand for preliminary examination | PCT r. 54bis |
| 30 | National phase in most countries, including the USA, China and Japan | PCT art. 22 and 39 |
| 31 | National phase in India and at the European Patent Office | Patents Rules, r. 20(4); EPC r. 159 |
Some offices allow later entry with fees. Always confirm in the WIPO time limits table; our deadline calculator gives the dates for your priority date.
What is needed to file a PCT application in India?
At filing (month 12)
- Request form (PCT/RO/101) with applicant and inventor details
- Description, claims, abstract and drawings in English
- Priority details: Indian application number and date
- Power of attorney in favour of the agent
- Choice of International Searching Authority
Later
- Priority document, requested from the Indian Patent Office for transmission
- Demand for preliminary examination, if chosen, by month 22
- National phase instructions, translations and local powers of attorney by month 30/31
- Assignment or proof of right where the applicant is not the inventor
Questions about PCT applications from India
How many countries does the PCT cover?
More than 150 contracting states, including the USA, China, Japan, Korea, Brazil and every EPC state. Notable non-members include Taiwan and Argentina. WIPO keeps the current list.
Can I file a PCT application without an Indian application first?
Yes, a PCT can be the first filing. An Indian resident must still file at the Indian receiving office, or obtain permission under section 39, because filing directly abroad is restricted.
Should I choose the Indian Patent Office or the EPO as search authority?
The Indian Patent Office generally has lower official fees. An EPO search can make European prosecution smoother and is often preferred where Europe is a key market. We compare cost and strategy for your case.
What happens if I miss the 30 or 31-month deadline?
The international application loses its effect in that country. Some offices allow late entry or reinstatement within strict limits and with fees; others do not. Treat the date as final.
Can I add countries after national phase entry?
No. National phase entries must be made by the deadline in each country. After that, only countries already entered remain open.
What are the PCT government fees?
There are transmittal, international filing and search fees at filing, with reductions for some applicants and electronic filing. See WIPO’s PCT fee tables. We confirm the total before filing.