WIPO Patent Cooperation Treaty — Global IP Strategy
PCT Patent Filing & International Strategy
Securing global patent protection across multiple markets requires strategic timing, cost optimization, and adherence to international procedural treaties. LLM Advocates assists Indian inventors in filing WIPO PCT applications and handles Indian national phase entries for foreign technology companies.
The PCT International Framework
The Patent Cooperation Treaty (PCT), administered by the World Intellectual Property Organization (WIPO), allows an applicant to seek patent protection for an invention simultaneously in over 155 contracting states by filing a single "international" patent application:
Preserves Priority for 30/31 Months
Instead of paying separate national filing and translation fees at the 12-month Paris Convention mark, the PCT delays major foreign expenditures until 30 or 31 months from the initial priority date.
International Search Report (ISR)
An appointed International Searching Authority (ISA) evaluates prior art globally, issuing an authoritative written opinion on novelty, inventive step, and industrial applicability.
Streamlined Commercial Due Diligence
The extended timeline gives startups and enterprises sufficient time to assess foreign market demand, secure licensing deals, or raise venture funding before committing to specific national entries.
Mandatory Compliance: Section 39 Permission
Under Section 39 of the Patents Act, 1970, no person resident in India may apply for a patent outside India without first either:
- • (a) Obtaining written permit (Foreign Filing License - FFL) from the Controller on Form 25; OR
- • (b) Filing a patent application in India at least six weeks prior to foreign filing without any secrecy direction under Section 35 being issued.
Contravention of Section 39 is a criminal offense under Section 118 and may result in the forfeiture of patent rights in India under Section 64(1)(n). Our attorneys ensure strict procedural adherence.
Indian National Phase Entry (Rule 20)
For foreign applicants seeking to enter India from a PCT application:
- • Strict Deadline: 31 months from the earliest priority date.
- • Statutory Language: Complete specification must be in English.
- • Claim Amendments: Optional amendments under Article 19 / 34 or fresh amendments under Section 57/59.
- • Filing Forms: Form 1, Form 2 (Complete Spec), Form 3 (Section 8 undertaking), and Form 5 (Declaration of Inventorship).
International Patent Strategy
Expand Your Patent Protection Globally
Consult with our international patent attorneys regarding PCT filing procedures, Section 39 permissions, or Indian national phase representation.
Schedule PCT Consultation