Explore PCT applications—step-by-step guide on filing international patents, procedure under the Patent Cooperation Treaty, timelines, benefits, and strategic tips for innovators and startups.

Why File a Patent Internationally?

If you're a startup or inventor planning to take your innovation global, protecting your intellectual property beyond India becomes critical. But filing separate patent applications in multiple countries can be complex, costly, and time-consuming.

That’s where the PCT (Patent Cooperation Treaty) system comes in — a smart, centralized process for seeking patent protection in over 157 countries with a single application.

This guide provides a complete overview of the PCT application process, timelines, costs, benefits, and how to use it effectively for global IP protection.

What is a PCT Application?

A PCT application is an international patent filing procedure governed by the World Intellectual Property Organization (WIPO). It allows you to file one application that is legally recognized by 157+ countries.

It does not grant an international patent — instead, it streamlines your ability to pursue patents in individual countries (called national phase).

Key Benefits of Filing a PCT Application

When Should You File a PCT Application?

You can file a PCT application if:

• You've already filed a provisional or complete application in India

• You want patent protection in multiple foreign markets

• You need time to evaluate commercial potential in different countries

• You're not sure yet which jurisdictions are worth entering

PCT Filing Timeline: Key Milestones

India follows a 31-month deadline for national phase entry.

Step-by-Step PCT Filing Process

Step 1: File in India First

As an Indian resident, you must first file a provisional or complete specification at the Indian Patent Office.

You cannot directly file a PCT application without filing first in India.

Step 2: File PCT Application via Receiving Office

You can file your PCT application through:

• Indian Patent Office (IPO) – acts as Receiving Office

• WIPO ePCT Portal

• Through a registered patent agent

You must file it within 12 months from your Indian filing date to claim priority.

Step 3: International Search & Written Opinion

• The International Searching Authority (ISA) will search global databases for similar patents.

• You will receive an International Search Report (ISR) and Written Opinion—helpful in understanding how strong your invention is.

India’s designated ISAs:

• Indian Patent Office (ISA/IN)

• European Patent Office (ISA/EP)

• Australian Patent Office (ISA/AU)

Step 4: Optional – International Preliminary Examination

If you want further clarity, you can opt for an International Preliminary Examination (IPE) by submitting Chapter II Demand within 22 months.

It provides a non-binding opinion on patentability: novelty, inventive step, and industrial applicability.

Step 5: National Phase Entry

By Month 30/31, you must enter the national or regional phase in each country where you seek patent protection.

Each jurisdiction will examine the application as per local laws, possibly requiring translations and local agents.

Documents Required for PCT Filing

• Complete Specification (in English)

• Abstract (150 words max)

• Drawings (if any)

• Form PCT/RO/101 (Request Form)

• Priority Document (if claiming priority from Indian filing)

Cost of Filing a PCT Application

Costs may vary based on ISA selected, page count, and whether it's individual/ startup/ small entity.

Common Mistakes to Avoid

• Missing 12-month deadline to file PCT after Indian filing
• Choosing incorrect ISA that doesn’t cover your tech area
• Filing without reviewing potential countries’ entry costs
• Using vague or overly broad claims
• Assuming PCT grants an “international patent” (it doesn’t!)

National Phase: What Happens After PCT?

After PCT, you must enter national phase in countries of interest (e.g., US, EP, CN, JP). Each country will:

• Examine the application per local laws

• Allow or reject based on national criteria

• Require translations, fees, and local patent agents

Common jurisdictions and their deadlines:

Real-World Scenario

A wearable tech startup files a provisional patent in India for a fitness tracker with real-time ECG feedback.

They’re eyeing global markets but need time to validate clinical trials and funding.

They file a PCT application within 12 months, gain 30 months to raise funds, finalize partners, and then enter national phase in US, EU, and Japan.

💡 Result: Global protection strategy with delayed financial burden and time to make business decisions.

Frequently Asked Questions (FAQs)

Q1. Can I file a PCT application directly?

No. Indian residents must first file in India, then file a PCT application within 12 months.

Q2. How long is a PCT application valid?

The PCT application is valid until you enter national phases—within 30 or 31 months from priority date.

Q3. Is patent granted through PCT?

No. PCT provides a unified filing route, but each country examines the application independently.

Q4. What is the role of the International Search Report?

It gives early feedback on prior art, helping applicants assess their chances before national filing.

Q5. Can I make changes in national phase?

Yes. Amendments are allowed during national phase filing in most countries, subject to local rules.