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In this article, I shall walk you through the PCT process step-by-step, from filing your initial application in India to entering the national phase in foreign countries. Whether you are new to patents or someone who has filed a few applications before, this guide will provide clarity, practical insights, and the answers to common questions.

Introduction

You sigh a sigh of relief. You have finally gotten your innovation patented successfully in India. The inventions hold promise, so you do not want to see them misused. 

But what about protection in the United States? Europe? Japan? Are you going to file separate patent applications in each of these countries, in different languages, with different procedures and deadlines?

No, do not worry, it does not have to be that complicated. Because this is where the Patent Cooperation Treaty (PCT) process steps in. It offers a structured, cost-effective, and internationally recognised method to seek patent protection in multiple countries simultaneously. And it is just through a single application.

If you are an Indian inventor, business owner, or startup founder looking to expand your patent coverage beyond India, the PCT route might be the most strategic choice available. It simplifies the complexity of filing in several jurisdictions and gives you more time to assess commercial viability in different regions.

Let us begin with a simple one: Can Indian applicants actually use the PCT system?

Is the PCT process available to Indian applicants?

The short answer is yes, absolutely. India has been a member of the Patent Cooperation Treaty (PCT) since December 7, 1998, and Indian residents or nationals are fully entitled to use this international system to seek patent protection abroad.

But what exactly does that mean for you?

If you are a resident or citizen of India, you are eligible to file a PCT application either through the Indian Patent Office (IPO), which acts as a Receiving Office under the PCT, or directly with the International Bureau (IB) of WIPO in Geneva. 

This flexibility allows you to initiate the international phase of your patent journey while staying compliant with both Indian and international requirements.

Who is an “Indian Applicant” under the PCT?

Under Indian law and the PCT system, an Indian applicant can be:

• An individual inventor residing in India;
• A startup or MSME registered in India;
• A corporation incorporated under Indian law;
• Or even joint applicants, where at least one of them is an Indian resident or national.

If you fall into any of these categories, you may begin your international patent filing through the PCT process without any restriction.

But keep in mind that you must remember to comply with Indian patent law, especially the requirement to first seek permission under section 39 of the Indian Patents Act if you have not filed a patent in India beforehand.

We shall come to that nuance shortly.

For now, just know this: the PCT system is very much available to you and thousands of Indian applicants. From IIT researchers to Bangalore startups, use it each year to extend the reach of their innovations.

Step-by-Step guide to the PCT process

Step 1: File a local (Indian) patent application (optional, but common)

For most Indian applicants, the international patent journey begins right here, with a patent application filed at the Indian Patent Office (IPO).

PCT does allow you to file an international application, and that is established. But in practice, it is often more common and advisable to first register in India. Not only registration, but also completion of and getting the patent will be a more suitable situation for you to be in. 

Why is this better? This gives you a priority date, which becomes crucial later in the PCT process.

What is a priority date, and why does it matter?

Think of your priority date as a timestamp. It is something that locks in the originality of your invention. When you later file internationally under the PCT, this date acts as your evidence that you were the first to invent it. 

So if you are still in second thought about it, I would ask you to decide quickly. Because the sooner you secure this, it will better for you in the next steps. It puts you in a good position against any subsequent filings elsewhere in the world.

Provisional vs complete specification – which should you file first?

Now, which one should you file when it comes to provisional and complete specifications? 

Is your invention still in the process of being made? Is it still evolving?

If yes, you may file a provisional specification. 

This is because a provisional one is a shorter document. You do not have to include too many details of your invention. Another benefit of this is that it gives you twelve more months to better your idea and develop your product accordingly.

This process can be done for a patent certificate either in India or as part of your PCT application.

However, if your invention is fully developed, you may proceed directly with a complete specification, describing your claims, detailed embodiments, and technical drawings if necessary.

Important legal requirement: section 39 of the Indian Patents Act

Before you rush into filing a PCT application, pause and check whether you need permission to file abroad. 

Under section 39 of the Indian Patents Act, 1970, if you are an Indian resident and you have not yet filed a patent application in India, you must actually seek prior approval from the Controller of Patents before filing a PCT application abroad. This is done by filing Form 25.

Failing to do this can result in serious consequences. There can even be situations where your patent application will be rejected. There can be penal liability too.

Step 2: File a PCT application (international phase)

Okay, now you have entered the international phase. 

And now that you have either filed your patent in India or obtained the necessary permission under section 39, you are ready to enter the international phase of the PCT process. This is where things start to get exciting, because with just one application, you can seek protection in over 150 countries. As of now, PCT has 158 contracting states. You can find them all here.

What is a PCT application?

Firstly, let us understand everything a little better. Starting with, what is PCT? 

A PCT application is a single international application filed under the Patent Cooperation Treaty. It does not itself result in the grant of a patent, but it acts as a centralised filing mechanism. By submitting this application, you gain more time, usually 30 to 31 months from the priority date, to enter specific national or regional patent systems where you wish to pursue protection.

This buys you time to assess the commercial potential of your invention in different countries. You can also seek investors or partnerships, and you can prepare translations and meet local legal requirements.

And where can you file the PCT application from India?

As an Indian applicant, you have two main options:

1. You can either file through the Indian Patent Office (IPO), which acts as a Receiving Office (RO) under the PCT;
2. Or you can file directly with the International Bureau (IB) of the World Intellectual Property Organisation (WIPO) in Geneva.

So, if your invention was filed first in India, it is usually advisable to file the PCT through the IPO, unless there are urgent reasons to file directly with WIPO.

So, what do you need to file? 

Your PCT application typically includes:

1. PCT Request Form (Form PCT/RO/101) – This is a long form where you will include all your details. This includes bibliographic data, priority claims, and applicant/inventor details.

2. Certified priority document – If claiming priority from your Indian filing;
   
3. Fees – Including the transmittal fee (to IPO), international filing fee, and search fee.
   

You can file your PCT application online through the IPO portal or via WIPO’s ePCT system, which offers useful tools such as document tracking, notifications, and previews.

What about languages and translations? 

The Indian Patent Office accepts applications in English or Hindi. However, since most international filings proceed in English, it is generally recommended to prepare your PCT application in English from the outset, especially if you are targeting major jurisdictions such as the United States, Europe, or Australia.

Now, what happens next?

Once filed, your application receives an international filing date, and WIPO assigns you an international application number. This marks the beginning of the international phase. Your invention will be examined through an International Search and eventually published by WIPO, giving it global visibility.

Let us explore what the International Search entails and how it can help you understand the strength of your patent claims before committing to the more expensive national phase.

Step 3: International search

Once your PCT application has been filed, the next significant milestone is the International Search. This is your first formal indication of how strong your invention is, both in terms of originality and potential for patent protection.

What is the international search?

The International Search is conducted by a specially authorised body called the International Searching Authority (ISA). It involves a comprehensive search of existing patents, patent applications, and other technical literature (known as “prior art”) to determine whether your invention is novel, inventive, and industrially applicable, the three key criteria for patentability.

So, what will you receive after this is done? 

You will receive two key documents:

1. International Search Report (ISR) – This lists the prior art documents found during the search and their relevance to your claims. It categorises them using a simple coding system (e.g., “X” for highly relevant prior art, “Y” for potentially relevant combinations, etc.).
2. Written Opinion of the ISA (WOISA) – This is a preliminary opinion on whether your claims appear to meet patentability standards under the PCT. While not legally binding, it gives you a strong indication of how your application might fare in various jurisdictions.

You can find more details on both of these here. 

Who acts as the ISA for Indian applicants?

You, as an Indian applicant, can choose from a list of recognised International Searching Authorities. As of now, the following are available:

• Indian Patent Office (IPO-ISA) – Cost-effective, but sometimes slower;
• European Patent Office (EPO) – More expensive, but highly regarded and thorough;
• Australian Patent Office (IP Australia) and a few others, depending on the Receiving Office and language of the application.

Make sure you choose your ISA based on your target markets and the technical complexity of your invention. If you are aiming for protection in Europe or the United States, selecting EPO as your ISA might strengthen your position.

Note that the choice of International Searching Authority (ISA) for Indian applicants is governed by Article 16 of the PCT and by specific agreements between Receiving Offices (ROs), such as the Indian Patent Office (IPO) or WIPO’s International Bureau (IB), and the competent ISAs designated by the PCT.

As of 2025, Indian applicants filing a PCT application through the Indian Patent Office as the Receiving Office can typically choose from the following ISAs:

• Indian Patent Office (IPO-ISA)
• European Patent Office (EPO)
• Austrian Patent Office
• Australian Patent Office (IP Australia)
• Others as designated in the PCT Applicant’s Guide
  

The availability of ISAs for Indian applicants depends on agreements between the Receiving Office (e.g., IPO or WIPO IB) and the ISAs.

When filing directly with WIPO’s IB, the choice of ISA may be further limited by WIPO’s agreements with ISAs. 

You should consult the PCT Applicant’s Guide or the WIPO list of competent ISAs to confirm eligibility. You can check that out here.

Have you thought about how an international search will help you? 

Okay, so it will help you assess the patentability of your invention at an early stage. It also allows you to amend your claims based on the findings before entering the national phases.

Moreover, it provides transparency and builds investor confidence. If the report is favourable, it may expedite examination in several countries under the Patent Prosecution Highway (PPH), where available.

Keep in mind that the PPH is a bilateral or multilateral agreement between specific patent offices, and not all PCT member states participate in PPH programs. For Indian applicants, the Indian Patent Office has PPH agreements with limited countries (e.g., Japan), and the benefits depend on the specific agreement. A favourable ISR or IPRP does not automatically qualify an application for PPH; the applicant must meet specific criteria, such as aligning claims with those found patentable by the ISA or IPEA.

Timeframe

The International Search Report must be established within 3 months from the date the ISA receives the search copy or 9 months from the priority date, whichever is later (Rule 42 of PCT regulations). It is one of the earliest windows into how your patent might be viewed globally.

Up next, we shall look at how your PCT application is published by WIPO and what that means for your invention.

Step 4: International publication by WIPO

Roughly 18 months from your priority date, your PCT application will be published by WIPO (World Intellectual Property Organisation) on its online patent database—PATENTSCOPE. This is a crucial milestone in your international patent journey, as your invention is now formally disclosed to the world.

Now, what will this publication mean for you?

It is going to give you global visibility. Your application becomes publicly accessible across more than 150 member countries.

And the best part? Investor & market interest. 

Investors and industry players often monitor published PCT applications. A published application can help attract attention, funding, or licensing interest.

What is published?

The publication includes your entire content of your application (description, claims, abstract, and drawings). It also includes your International Search Report (if it is ready at the time of publication);

The bibliographic data includes you and inventor details, and the international application number and filing dates. This will be published too. 

You will be able to download a copy of your published application from PATENTSCOPE, and share it with interested stakeholders such as potential licensees, partners, or investors.

Language and translations

Your application is published in the language in which it was filed, which will usually be English for Indian applicants. However, this can later influence translation costs when you enter national phases in countries that do not accept English, such as Japan, China, or Brazil.

What should you do post-publication?

Firstly, you need to review the ISR (if not already done) and prepare amendments if necessary. You also need to plan your national phase entries based on commercial priorities.

You can also consult local patent attorneys in your target jurisdictions for translation, timelines, and filing strategy. Also, consider filing a Demand for International Preliminary Examination, especially if your ISR was negative or unclear.

 Step 5: File a Demand for International Preliminary Examination 

This step is optional, but it can be strategically important, especially if your International Search Report (ISR) raised objections or cited prior art that threatens the patentability of your invention.

Under the PCT system, you may request an additional layer of scrutiny called the International Preliminary Examination. This process allows you to amend your claims, respond to objections, and receive a second opinion on your invention’s patentability before entering the national phase.

What is the International Preliminary Examination?

This is a detailed examination conducted by an International Preliminary Examining Authority (IPEA). It is based on your amended claims (if any), your written response to the ISR, and any arguments you choose to submit.

The result of this examination is the International Preliminary Report on Patentability (IPRP Chapter II)—a document that can significantly influence how patent offices in different countries view your invention.

So why might you consider filing a demand?

• Negative ISR: If your ISR indicates a lack of novelty or inventive step, this is your chance to defend and improve your claims.
• Strengthen patent Claims: You may submit new arguments or amendments that clarify ambiguities or distinguish your invention from the prior art.
• Strategic advantage: A favourable IPRP can support faster or smoother examination in certain countries, particularly those with Patent Prosecution Highway (PPH) agreements.
• Pre-National Phase Refinement: It lets you refine your application before incurring the significant costs of entering multiple jurisdictions.

How to file the demand?

You must first file Form PCT/IPEA/401, called the “Demand”. 

After you are done with this, submit it to a competent IPEA. For Indian applicants, this is usually in: 

• The Indian Patent Office, or
• Another authority like the European Patent Office (EPO), depending on your initial selection and filing language;

Lastly, include your amendments and arguments, if any and pay the examination fee and any handling fees.

What is the timeline? You must file the Demand within 22 months from the priority date, or 3 months from the date of ISR, whichever is later. 

Is it mandatory? 

No, it is entirely optional. Many applicants skip this step and proceed directly to national phase entry. However, if you are serious about defending your claims or entering jurisdictions with strict examination standards, it can be a valuable investment.

The last and final step of the PCT process, we shall explore the National Phase Entry, where your international patent journey becomes local, country by country.

Step 6: Enter the National Phase

This is where the rubber meets the road. After months of international processing, reports, and evaluations, your patent application must now be pursued in each country (or region) where you actually want protection. This is known as the National Phase Entry.

You must complete this step within 30 or 31 months from your priority date, depending on the jurisdiction.

What Is the National Phase?

The PCT application itself does not grant you a patent. It simply buys you time and flexibility. To actually secure rights, you must convert your international application into national (or regional) patent applications in the jurisdictions of your choice.

For example:

• If you want a patent in the United States, you must file with the USPTO;
• If you want protection in Europe, you can file with the European Patent Office (EPO);
• In India, you must enter through the Indian Patent Office, referencing your PCT application.
  

Each country will now treat your application as if it were filed locally. It will be examined according to that country’s laws, procedures, and timelines.

So, what do you need to prepare?

Each country has its own national phase entry requirements, but generally, you will need:

• A copy of the international application (if not already transmitted);
• Translations into the local language (mandatory in countries like Japan, China, Brazil, etc.);
• National filing fees;
• Local agents or attorneys to manage filing, examination, and prosecution;
• Responses to any pending objections, if relevant.

It is better to engage patent attorneys in your target countries well before the 30-month deadline. Missing the deadline could mean losing your rights in that jurisdiction.

What are the costs to expect

National phase entry is where costs begin to climb. You will incur translation fees and government fees for each country. Costs were definitely not low until now, but it is going to get higher. You can check out the PCT fee schedule (as of 2025) here. 

You will also incur professional charges for local attorneys and annual maintenance/renewal fees, depending on the country.

This is why the PCT process is often used by businesses that need time to assess commercial viability, negotiate deals, or secure funding before making these financial commitments.

Strategy: Where should you file?

Not every invention needs protection in every country. Focus on jurisdictions that have a strong market for your product and are also home to potential competitors.
Also, look at countries that represent manufacturing or export hubs and or have favourable enforcement regimes for IP rights.

For instance, if you are producing a tech device, consider the United States, Europe, China, Japan, and India. Because these are the areas where tech is booming. 

If your invention relates to pharmaceuticals, add Canada, Brazil, and Australia to your list.

After national filings, each patent office will examine your application under its local laws and issue office actions, examination reports, or acceptance notices. 

They will eventually grant (or reject) your patent, which you can then enforce locally.

With this, your PCT journey concludes and your patent protection becomes local, enforceable, and legally significant in each selected country.

Final thoughts: Navigating the PCT process as an Indian applicant

By now, you have walked through the entire international patent registration journey, from filing your initial PCT application to entering the national phase in multiple countries. Let us now tie everything together and reflect on what this process means for you, especially as an Indian inventor, startup, or business owner.

So, what have you accomplished through the PCT route? 

You have locked in an early priority date across more than 150 countries. And you have also secured valuable time to assess markets, test prototypes, and attract investors. Most PCT member states require national phase entry within 30 months from the priority date, but some (e.g., EPO, Japan, China) allow 31 months, and others (e.g., Canada) permit 42 months with a late entry fee under certain conditions. Additionally, some countries allow reinstatement of rights if deadlines are missed, subject to national law. The document should note these variations and recommend checking specific deadlines for each target jurisdiction. This is as per Rules 22 and 39 of the Regulations under the Patent Cooperation Treaty.

You will also have received a search report and opinion that helps you refine your invention and predict how national patent offices might respond. Also, you have the opportunity to amend, defend, and strengthen your claims before committing to national filing expenses.

Most importantly, you have created a strategic pathway to global IP protection, without the chaos of separate filings in multiple jurisdictions right at the start.

You may be thinking, is this route good for everyone? 

Not always. The PCT system is most useful when:

i. You are targeting multiple international markets;

ii. You want to delay costs and decisions while assessing commercial viability;

iii. You need time to secure funding or negotiate with licensees or collaborators;

iv. You are considering high-stakes or high-value technologies where global protection is commercially crucial.

If your business is entirely local or if your product is intended for a single country, the PCT route may not offer a meaningful advantage. What are your key takeaways? 

1. Choose your ISA wisely: While the Indian Patent Office is cost-effective, there are others that offer high credibility in global markets.
2. Plan for translations early: This is one of the biggest hidden costs at the national phase; budget for it in advance.
3. Track the 30/31-month deadlines meticulously: Missing a national phase deadline means you forfeit protection in that country.
4. Work with local experts: Engage trusted patent attorneys in each jurisdiction to ensure compliance with country-specific rules.
5. Use the PCT period proactively: Secure funding, negotiate licensing, and assess market demand. Do not just wait, prepare.

In conclusion, the PCT system is not merely a filing mechanism. It is a strategic IP tool that gives you the breathing space, credibility, and international reach needed to turn your invention into a protected commercial asset.

If you are building something world-class, it deserves the same level of protection.

FAQs

1. Can I amend my specification or claims in the PCT application after I file it?

Yes. You can amend the claims after receiving the International Search Report (ISR). You can also amend the description, claims, and drawings under Article 34 if you file a Chapter II Demand. However, amendments at the international stage do not carry over automatically into national phases, you will often need to re-submit or conform them to national rules.

2. If my invention has a government-use element (e.g. defence-related), can I file a PCT application?

Only with special permission. Under section 35–36 of the Indian Patents Act, if the invention is relevant to defence, atomic energy, or national security, the Controller may issue a secrecy direction. In such cases, foreign filing (including PCT) is prohibited unless explicitly allowed.

3. Is it mandatory to file a Power of Attorney when filing a PCT application via the Indian Patent Office?

No, not at the international stage unless the RO (Receiving Office) specifically requires it. The Indian Patent Office generally does not require a Power of Attorney for PCT filings unless an agent is filing on behalf of the applicant and the RO requests it. However, a Power of Attorney is often required at the national phase in many jurisdictions.

4. What happens if I miss the national phase deadline in a country? Can it be revived?

Sometimes. Many countries provide a grace period with a restoration request, but the standard to revive the application varies. Some require proof of unintentional delay (e.g., U.S.), others require proof of due care (e.g., Europe). India does not allow late national phase entry after 31 months, so missing the Indian deadline is usually fatal.

5. Can I file a PCT application based on a provisional Indian patent application?

Yes. A provisional Indian patent application can serve as a priority application for a PCT application, as long as the PCT application is filed within 12 months. However, because a provisional does not contain claims, the quality and completeness of the disclosure are important; you must file a complete specification in the PCT application.

6.  Can I withdraw my PCT application before international publication?

Yes, but you must submit a request to the International Bureau at least 15 days before the scheduled publication date (i.e., before 18 months from the priority date). Withdrawal prevents the application from being published and keeps it confidential. This might be useful if you’re abandoning the invention or need to delay publication for strategic reasons.

7. Is there any fee reduction for small entities or startups in the PCT system?

Yes, but only partially. Indian startups and small entities enjoy fee reductions at the Indian Patent Office and some discount on the international filing fee (via WIPO, typically 90% if the applicant qualifies as a natural person from a low-income state). However, the International Search and Handling Fees are payable at full rates unless the ISA offers a specific discount (e.g., IPO-ISA gives discounts to Indian startups under some conditions).

8. Can I change the applicant or add inventors after filing a PCT application?

Yes. Changes in applicant details, inventors, or even applicant name corrections can be made by filing a request under Rule 92bis with the International Bureau, generally before 30 months from the priority date. However, such changes must be supported by relevant documentation (assignment, proof of legal name change, etc.) and may not be recognised automatically in all national phases.