Procedure of filing international applications for patent under the Patent Cooperation Treaty
The Patent Cooperation Treaty (PCT) is an international patent law treaty having more than 145 Contracting States, The patent cooperation treaty was concluded in 1970. The PCT is controlled by the World Intellectual Property Organisation (WIPO). The main objective of the PCT application is to make possible to seek patent protection for an invention in a large number of countries simultaneously by filing a single “international” patent application. The PCT application also avoids filing of several separate national or regional patent applications by providing a single platform .
Futher, the PCT system avoids maximally delay of the national or regional procedures. it does enable you to delay the very expensive step of filing many individual foreign patent applications.
The PCT system is not the platfom to examine patent applications fully. The PCT system does not grant patents. However, it provide you with some information for assessing the prospects of actually obtaining granted patents.
Advantages of PCT filing
A single application in a single language filed in a single country is called as the international application.
The single application having the effect of filing simultaneously in different countries (designated countries).
Where to file (RO/IN or RO/IB) ?
The person who are the Nationals/Residents of India can file an international application with the Indian Patent Office at Chennai, Delhi, Mumbai or Kolkata as the Receiving Office (RO/IN)
The direct filing of the PCT applications with the International Bureau as PCT receiving Office (RO/IB)
a resident or a national of the PCT Contracting State may file an international application direct with the International Bureau of WIPO as receiving Office, as an alternative to filing with the competent the national or the regional Office
How the international application can be filed with the International Bureau as PCT receiving Office?
The International applications can be filed directly with the International Bureau as receiving Office:
- electronically via ePCT or PCT-SAFE or EPO Online Filing or Contingency Upload Service (FAQs) or
- by mail, or
- hand-delivery to WIPO’s headquarters, or
- by facsimile, provided that the original of the faxed application is furnished within 14 days from the date of the fax transmission.
The international application filing procedures
- A Request (Form PCT/RO/101) is accompanied by description, claims, abstract (and drawings if required) of the invention in English or Hindi.
- The international application to be filed in triplicate
- Fees payable:
Transmittal fee, the International Filing Fee and a Search fee (every fee to be paid within one month from the date of receipt of the international application)
Transmittal Fee for RO/IN:
The transmittal fee is to be paid to the Receiving Office within one month from date of filing of the international application.
Transmittal fee for RO/IN Natural person Small entity Other than small entity
- For e-filing ( applicable when 3200 INR 8000 INR 16000 INR
the Office starts accepting
the filing of international
applications in electronic
- For physical filing 3250 INR 8800 INR 17600 INR
International filing fee for Indian applicant
The international Filing Fee is to be payable to International Bureau of WIPO within one month from date of filing
International filing fee 1471 USD
Fee per sheet over 3017 USD
Reduction in fee for the PCT easy filing 111 USD
Search fee for an Indian applicant choosing the Indian Patent Office as ISA, payable within one month from date of filing.
Filing by individual(s) Other than individuals
Search Fee 2500 INR 10000 INR