Which Patent Route Should You Choose for Global Protection?

Choosing the Right Patent Filing Route

When you’ve developed a patentable invention, your next big decision is:

How do I protect this invention internationally?

The Indian Patents Act allows two routes for filing patent applications outside India:

1. Conventional Application (via Paris Convention)

2. PCT Application (via WIPO’s Patent Cooperation Treaty)

Both are valid strategies for international filing, but they differ in costs, timelines, process, and benefits.

In this guide, we break down the key differences, advantages, and when to use each option for startups, inventors, and R&D teams planning to file patents abroad.

What is a Conventional Patent Application?

A Conventional Application refers to a direct filing of a patent application in a foreign country under the Paris Convention for the Protection of Industrial Property (1883).

Under this route, you file in multiple countries within 12 months from your first filing date (priority date).

Key Features:

• Based on Paris Convention treaty (India is a member)

• Must be filed separately in each country

• The priority date is recognized across Convention member countries

• Timeline: 12 months from Indian filing date

Example:

You file a patent in India on Jan 1, 2025.

You must file a conventional application in the US, Japan, and Germany by Jan 1, 2026 to claim Indian priority.

What is a PCT Application?

A PCT Application is filed under the Patent Cooperation Treaty, administered by WIPO (World Intellectual Property Organization).

It allows you to file one international application, which can later be pursued in over 150 countries.

Key Features:

• Single application covering multiple countries

• Filed within 12 months from priority date

• Followed by national phase entries in chosen countries

• Includes an International Search Report (ISR) and optional International Preliminary Exam (IPE)

Example:

You file a patent in India on Jan 1, 2025.

You file a PCT application by Jan 1, 2026.

You can enter the national phase (e.g., US, EP, CN) by 30 or 31 months from Jan 1, 2025.

Conventional vs. PCT: Head-to-Head Comparison

 

Real-World Use Case

 A biotech startup has invented a novel diagnostic device.

Scenario 1 – Conventional Route

They are sure of launching only in the US and UK → File directly in those two countries within 12 months = cost-effective.

Scenario 2 – PCT Route

They are considering entry in US, EP, CN, and AU but are unsure → File a PCT application. This gives them up to 30 months to decide which countries to enter based on business growth.

Advantages of PCT Application

✔️ More time to raise funds or find partners

✔️ Delays high translation & filing costs

✔️ Single formal application with standard format

✔️ Get an early idea of patentability via International Search Report

✔️ Simplifies national filings later

Limitations of Each Route

Conventional Application

• No central search report

• High up-front costs

• Risk of duplication and inconsistency

PCT Application

• More expensive initial filing than one or two conventionals

• Doesn’t grant a patent itself – you still need to go through national phase filings

Key Filing Deadlines You Should Know

 

Frequently Asked Questions (FAQs)

Q1. Is a PCT application a global patent?
👉 No. It’s a centralized filing process, but you still need to enter individual national phases.

Q2. Can I file a PCT application directly without filing in India?
👉 No. Indian applicants must first file in India. You can file a PCT after 6 weeks of Indian filing, but within 12 months.

Q3. Is it cheaper to file a conventional application?
👉 Yes, if filing in 1–2 countries only. For broader protection, PCT is more cost-effective long-term.

Q4. What is the cost of filing a PCT application?
👉 Around ₹1.5–3 lakhs, depending on search authority and professional fees. National phase costs are additional.

Q5. Which countries can I file under PCT?
👉 Over 157 countries, including the US, Europe (EPO), China, Japan, Australia, and Canada.