International Patent · PCT

PCT International Patent Application from India

There is no single “international patent” — patents are granted country by country. A PCT application filed from India lets you seek protection in up to 159 countries with one application, and gives you up to 30 or 31 months from your first filing date to decide in which countries to continue.

159
PCT countries
1
Application
12 mths
To file after India
30/31 mths
National phase
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At a Glance

PCT in 60 Seconds

🧭 What it does

One international application that preserves your right to seek patents in any of the 159 PCT countries.

📅 When to file

Within 12 months of your first Indian patent filing (the priority date) to keep that date.

🏛️ Where to file

With the Indian Patent Office as receiving office, or with WIPO directly. The Indian Patent Office can also do the international search.

🔎 What you get

An international search report and a written opinion on patentability — before you spend on individual countries.

🌍 Then

At 30 months from the priority date (31 months in some, including India and Europe) you enter the national phase in the countries you choose.

💰 Official cost

WIPO international filing fee CHF 1,330, with a 90% reduction for individual Indian inventors; search fee from ₹2,500 at the Indian Patent Office.

Must Read

Foreign Filing Permission (Section 39)

Who it applies to

Any person resident in India who wants to file a patent application for an invention outside India — including a PCT application.

Option 1: file in India first

File an Indian application and wait six weeks. If no secrecy direction is issued, you can then file abroad.

Option 2: get written permission

Apply to the Controller for permission (Form 25) before filing abroad when you cannot wait six weeks.

⚠️ Do not skip this step
Filing abroad without the required permission is an offence under Section 118 of the Patents Act, and a related Indian application can be treated as abandoned under Section 40. We handle this check for every client before any foreign filing.
How It Works

PCT Process from India — Step by Step

1

File in India (provisional or complete)

Your first Indian filing fixes the priority date. A provisional application secures the date while you develop the invention.

Priority date
2

File the PCT application within 12 months

We file the international application — after confirming Section 39 compliance — with the Indian Patent Office (RO/IN) or WIPO.

Section 39 check
3

International search & written opinion

The International Searching Authority (it can be the Indian Patent Office) reports relevant prior art and gives a preliminary view on novelty and inventive step — usually around 16 months from the priority date.

ISA/IN available
4

International publication at 18 months

WIPO publishes the application. You can then optionally request international preliminary examination to strengthen the case.

5

Choose your countries

With the search results in hand, decide where the invention is commercially worth protecting.

Time to find investors or licensees
6

Enter the national phase at 30/31 months

File in each chosen country or region (for example the USA, Europe, Japan or India), pay national fees and complete examination there.

Grant country by country
Official Fees

PCT Fees (WIPO & Indian Patent Office)

FeeIndividuals, startups, small entities, educational institutionsOthers (companies etc.)
WIPO international filing feeCHF 1,330 — reduced by 90% for individual Indian inventors (natural persons)CHF 1,330
Fee per sheet over 30 pagesCHF 15 per sheet (90% reduction for individual Indian inventors)CHF 15 per sheet
Electronic filing reductionCHF 100 – 300 off, depending on filing formatCHF 100 – 300 off
Transmittal fee — Indian Patent Office (paper filing)₹3,500 (no transmittal fee for electronic ePCT filing)₹17,600 (no transmittal fee for electronic ePCT filing)
International search — Indian Patent Office (ISA/IN)₹2,500₹10,000
International preliminary examination — IPEA/IN (optional)₹3,000 (₹2,500 if ISA/IN did the search)₹12,000 (₹10,000 if ISA/IN did the search)

Official fees as of October 2026. WIPO and IP India revise fees from time to time — we confirm current figures in your quote. The 90% WIPO reduction applies only to natural persons who are Indian nationals and residents — not to companies. National-phase fees are paid later in each chosen country.

💼 Our professional fees
We work on economical, reasonable professional fees. Share your mark or invention and the countries you are targeting, and we will send a transparent quote — official government and WIPO fees are always shown separately.
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Why PCT

Benefits of Filing Through the PCT

⏳

More time to decide

Up to 30–31 months from your first filing before committing to country-by-country costs.

🔎

Early patentability view

The international search report shows the strength of your invention before major spending.

📄

One application

One filing, in one language, keeps your options open in all 159 PCT countries.

🤝

Time for funding

Use the extra time to test the market, raise investment or find licensing partners.

Checklist

What We Need From You

🔢 Indian application details

Application number and filing date of your Indian patent application (the priority application).

📑 Complete specification

Description, claims, abstract and drawings of the invention.

👤 Applicant & inventor details

Names, addresses and nationalities of all applicants and inventors.

✅ Section 39 status

Proof of permission (Form 25), or confirmation that six weeks have passed since the Indian filing.

✍️ Power of attorney

Authorisation for us to file and handle the application on your behalf.

New to patents? Start with our Patent Registration in India guide, or estimate costs with our IPR Cost Calculator.

Protect Your Invention Worldwide

Share your Indian filing details. We will confirm deadlines and Section 39 compliance, and send a transparent quote — official fees shown separately.

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FAQs

Frequently asked questions

Is there such a thing as an international patent?
No. Patents are granted country by country. A PCT (Patent Cooperation Treaty) application is a single international application that keeps your right to seek a patent in any of the 159 PCT countries. The actual patents are granted later by each national or regional office.
When should I file a PCT application?
Within 12 months of your first patent application in India (the priority date). Filing within this window lets you keep your Indian filing date for all PCT countries.
Do I need permission before filing a patent outside India?
Yes, if you are resident in India. Under Section 39 of the Patents Act you must either file in India first and wait six weeks, or obtain written permission from the Controller (Form 25) before filing abroad, including a PCT application. Filing without it is an offence under Section 118, and a related Indian application can be treated as abandoned.
Where can I file a PCT application from India?
With the Indian Patent Office acting as receiving office, or directly with WIPO’s International Bureau. The Indian Patent Office can also act as the International Searching Authority and International Preliminary Examining Authority, which keeps search fees low.
How much does a PCT application cost?
Official international-stage fees include the WIPO international filing fee of CHF 1,330 (reduced by 90% for individual Indian inventors), a search fee (₹2,500 for individuals, startups and small entities, or ₹10,000 for others at the Indian Patent Office), and a transmittal fee for paper filings. National-phase fees are paid later in each country you choose. We work on economical, reasonable professional fees and share a transparent quote.
What is the national phase?
At 30 months from the priority date (31 months in some offices, including India and the European Patent Office) you must enter the national phase in each country or region where you want protection — filing there, paying national fees and providing translations where required.
What does the international search report tell me?
It lists the most relevant prior art found by the searching authority and comes with a written opinion on whether your invention appears new and inventive. It usually arrives around 16 months from the priority date and helps you decide where it is worth continuing.
Do startups get reduced PCT fees?
At the Indian Patent Office, startups, small entities and educational institutions pay lower fees — for example ₹2,500 instead of ₹10,000 for the international search. WIPO’s 90% reduction on the international filing fee applies only to individual inventors who are Indian nationals and residents, not to companies.

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