This month at RAS Intellect, we’re on a mission to demystify the patent process. After covering the ‘Patent Process in 7 Steps,’ it’s time to go global. In this edition, we’re unraveling the Patent Cooperation Treaty (PCT)—a powerful, streamlined way for Indian innovators to protect their inventions across multiple countries.
What Is the PCT (Patent Cooperation Treaty)?
The PCT is an international patent treaty administered by WIPO that allows an inventor to file a single international patent application and seek protection in numerous member countries (157 contracting states as of late 2022). This application doesn’t grant a patent outright, but facilitates entry into national or regional phases where patent rights are ultimately secured.
Why It Matters: The Benefits of Going PCT
- One Application, Multiple Markets: Rather than filing separate applications in each country, the PCT consolidates the process—saving time, money, and paperwork.
- Headspace to Decide: You get up to 30–31 months (from your first filing date) to decide which countries to pursue. This gives innovators time to assess market fit, raise funds, or refine the invention.
- Global Insight Upfront: The International Search Report (ISR) and written opinion give you a preliminary reality check—assessing novelty and inventive step early on.
- Cost Efficiency: Consolidating filings reduces initial spending. Many jurisdictions even offer lower fees for PCT-based national filings.
How It Works: Step-by-Step
1. File the PCT Application: Submit through the Indian Patent Office or directly to WIPO within 12 months of your original filing.
2. International Search: An International Searching Authority evaluates the patentability of your invention.
3. International Publication: Your application and search report are published after approximately 18 months.
4. Optional—International Preliminary Examination: Request deeper analysis to strengthen your case before entering national phases.
5. National Phase Entry (~30–31 Months): Choose target countries and file locally within the deadline.
6. Examination & Grant: Each national office examines your application as per local laws—with quicker progress possible using express or expedited requests.
Navigating the Indian National Phase: Key Considerations
– Deadline: You must enter by 31 months from the initial filing date—no extensions.
– No Major Edits: India doesn’t permit claim or applicant changes at entry unless already public. Only claim deletion is allowed—and it’s final.
– Formalities: Submit a Power of Attorney, proof of right, and foreign filings under Section 8 of the Indian Patents Act.
– Fast-Track Options: Use express examination or Patent Prosecution Highway routes if eligibility criteria are met.
Real-World Value for Indian Innovators
PCT filing offers a strategic runway to test commercial viability abroad before committing. With the global market sensitive, these extra months can be game-changing for financing, partnerships, or manufacturing.
Next Steps: How to Dive In
– Explore WIPO’s PCT resources for up-to-date guidance.
– Review Indian Patent Office FAQs on the national phase process.
– Consult a patent professional to optimize strategy and filings.
– Use our upcoming newsletters to learn more about cost, scope, and practical tips to manage your global IP journey.
At RAS Intellect, we believe intellectual property is the bridge between invention and impact. With the PCT route, your innovation can cross borders with confidence, clarity, and protection.
Ready to go global? Reach out at info@rasintellect.com or explore our IP resources at www.rasintellect.com.
