Ultimate Guide to PCT Patent Filing in India: Ensure Global Protection for Your Invention

Explore the process of PCT (Patent Cooperation Treaty) patent filing in India with IPExcel’s expert guidance. Learn how this strategic international patent system simplifies the path to protecting your invention across multiple countries. From understanding the PCT process to the timeline and costs involved, this guide provides essential insights for innovators looking to secure global patent protection efficiently. Discover how IPExcel can help you navigate the complexities of PCT filing, ensuring a smooth and successful patent journey for your innovation.

Introduction:

PCT stands for Patent Cooperation Treaty. It is an international treaty with more than 150 member countries. It provides a platform to file patent application for an invention at the same time in many member countries by filing a single PCT application. It does not require filing of separate patent applications in each member country. If an applicant is interested in covering multiple countries, then it can be done by filing a single PCT application. But it is important to know that just filing of PCT application does not provide protection in any of the member countries. The applicant must enter in each intended member country. The power to grant patent for the patent application remains with each country.

INTERNATIONAL PATENT FILING:

Let us understand it with a scenario, suppose you come up with an innovative idea and investors across the world want to invest in it or you want to launch your idea in multiple countries, but you are scared of the copycats. You feel that if you will disclose your idea to public, somebody may steal it. So, you are looking for a way by which you can protect it from others before showing or launching it in the public domain. Now, if your idea fulfils the requirements of patent filing then you may protect it through patent.

For patent, you need to know that it will give you territorial rights. It means that if you are filing a patent application in India, it will protect your rights in India only. People from other countries where you have not protected your idea may use or copy it for their benefits. In this situation, if you want to protect your idea in other countries then you need to protect it in those countries as well.

1. Now, you need to check the ways by which you can get patent protection in all those countries where you are aiming to protect your idea. Mainly, there are below three ways by which you can file a patent application in other countries:
2. Direct way: You can directly file your patent application in the country where you want to protect your idea. You can choose the country based on your requirement.
3. Convention way: Suppose you have filed your first patent application in India, and you want to file it in other countries as well. In this case, you will have only 12 months to file it in other country which is a part of the Paris convention.
4. PCT filing way: It could be the best way for international patent filing. But there are few reasons people choose PCT filing over other ways of international patent filing. Such as, first, if you feel 12 months is less to decide the country or countries where you want to protect your idea and you want some more time. Second, if you do not want to invest your money in this idea within 12 months and you want some more time. Third, if you feel 12 months is less to find Patent attorneys for other countries and Fourth, you want to simplify the process of patent filing in other countries.
5. In the above cases, you may choose PCT filing over the other ways of international patent filing. PCT filing provides an additional 18 months to enter in national phase in the desired member countries. It means that if an applicant is filing first patent application in the Patent office of a member country, then the applicant has to enter in national phase within 30/31 months (as the case may be). This is one advantage in comparison to the convention filing way where the applicant gets only 12 months to enter into a country of interest from the first patent filing date.

From the above discussion on the international patent filing, you can see that patent filing is a strategic decision. You need to know your requirement and based on that you may choose the best way for international patent filing. An important point needs to be kept in mind. Sometimes, people misunderstood the term international patent filing. They think that by filing a single international patent application, they can protect their idea internationally, but it is not the case. They need to file a patent application in each country where they want to protect their idea.

WHO CAN FILE PCT APPLICATION?

PCT application can be filed by anyone who is a national or resident of a PCT member country. PCT application can be filed in the member country which is known as receiving office or directly with the International Bureau (IB) in the World Intellectual Property Organization (WIPO) office. PCT is administered by WIPO which is a global forum for Intellectual Property (IP) services, policy, information, and cooperation. Now, one important point needs to be known while choosing international patent filing, the patent application has to be filed within 12 months from the first filing date. Further, in a case where the patent application does not contain any priority filing or first filing date, the international filing or PCT filing date will be considered as a priority date of patent filing.

PCT PROCESS:

1. Please find below main steps under the PCT process:
2. PCT patent filing in a member country
3. PCT patent filing with the receiving office within 12 months from the first filing date
4. International Search Report (ISR) and written opinion issued under the PCT patent filing
5. Publication of filed PCT application after 18 months with ISR and written opinion
6. PCT national phase entry by the applicant in the country of interest within 30/31 months from the first patent filing

CONCLUSION:

From the above discussion, one can see that PCT filing is useful for the following reasons: first, it allows a smooth patent filing process for multiple countries; and second, it provides an extended timeline for entering into the national phase. It gives enough time to the applicant to identify partners in member countries, assesses the market in a member country of interest, and arrange funds for national phase filings.

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