30 months to decide: A single PCT filing gives you 30 months from your priority date to decide which of 157 countries to enter — without losing your priority date. This is the most cost-effective way to pursue international patent protection.
What is a PCT Application?
The Patent Cooperation Treaty (PCT) is an international treaty administered by the World Intellectual Property Organization (WIPO) in Geneva. A PCT application is a single international patent application that simultaneously initiates the patent process in up to 157 member countries — covering virtually every major commercial market in the world.
A PCT application does not result in an "international patent" — no such thing exists. Instead, it provides a unified, cost-effective procedure for filing in multiple countries using a single application, with a 30-month window from the priority date to assess commercial potential and make national phase entry decisions before incurring the full cost of individual country filings.
Key Advantages of the PCT Route
- Single filing covers 157 countries — vast reduction in initial administrative and legal cost
- 30 months from priority date to enter national phases — time to assess commercial viability
- International Search Report provides early patentability assessment before national phase costs
- Optional International Preliminary Examination provides an early opinion on patentability
- Delays major national phase costs — translation fees, national filing fees, local counsel
- Uniform priority date maintained across all 157 countries from the PCT filing date
- Simplifies portfolio management — single application number for all countries in the PCT phase
- Strong signalling value for licensing and investment discussions during the PCT phase
PCT Application — Timeline and Process
Indian patent application (provisional or complete) filed — establishes priority date. This is the date from which all PCT deadlines are measured.
PCT application filed within 12 months of priority date. Single application designates all 157 PCT member countries. Filed through Indian Patent Office as receiving office.
PCT application published by WIPO in the International Bureau — publicly available in all languages.
International Search Report (ISR) and Written Opinion issued by the International Searching Authority — assessing novelty, inventive step and industrial applicability.
Applicant selects countries to enter national phase, pays national fees and appoints local counsel in each country. National patent offices then examine the application independently.
Each national patent office examines the application under its own laws. Patents granted independently in each country. Protection in each territory is separate.
PCT Filing Process — Our Role
Strategy Review
We assess target markets and advise on PCT vs direct national filing strategy
Application Preparation
PCT request, complete specification, claims, drawings and abstract prepared
PCT Filing
Application filed through Indian Patent Office as receiving office — within 12 months of priority date
ISR Response
We review the International Search Report and Written Opinion — advise on claim amendments
National Phase Advisory
We advise on country selection for national phase entry based on commercial strategy
National Phase Entry
We coordinate national phase entry through associate firms in selected countries
Documents Required
Frequently Asked Questions
What is a PCT application?
A PCT application is an international patent application filed under the Patent Cooperation Treaty administered by WIPO. A single PCT filing simultaneously initiates the patent process in up to 157 member countries — covering all major commercial markets. It does not grant an international patent, but provides a unified filing procedure with a 30-month window from the priority date to enter national phases in selected countries.
How many countries are covered by PCT?
The PCT system currently covers 157 member countries, including the United States, all European Union member states (via the European Patent Office), China, Japan, South Korea, Canada, Australia, India, Brazil, Russia and most other major commercial markets worldwide. This covers the vast majority of countries where patent protection is commercially meaningful.
What is the 30-month national phase entry deadline?
From the priority date — the date of the earliest patent application on which the PCT application claims priority — the applicant has 30 months to enter the national phase in each individual country where protection is sought. National phase entry involves paying national filing fees, providing any required translations of the application, and appointing local patent counsel in each country. Missing this 30-month deadline in any country results in losing the right to enter that country's national phase based on the PCT application.
What is the International Search Report in PCT?
The International Search Report (ISR) is prepared by an International Searching Authority (ISA) — such as the Indian Patent Office, the European Patent Office or the US Patent and Trademark Office — and identifies prior art documents relevant to the claimed invention. The ISR also includes a Written Opinion on patentability. It provides a valuable early assessment of the strength of your patent claims before committing to the cost of national phase entries in multiple countries.
Can I file a PCT application from India?
Yes. Indian applicants can file PCT applications through the Indian Patent Office, which acts as a Receiving Office for PCT applications. The application is filed in English — or Hindi in some cases — and processed through the PCT system administered by WIPO. Indian residents must obtain Foreign Filing Permission (Form 25) from the Indian Patent Office before filing a patent application in any foreign country or through the PCT.
Official Resource: For official information, visit the WIPO PCT System — the authoritative government source for IP matters in India.