Frequently Asked Questions
Find answers to top questions about foreign patent filing, PCT applications, and international patent protection.
What is a foreign patent application? ▼
Foreign Patent Application means a patent application filed outside of India to obtain patent protection for an invention in one or more foreign countries. It can be filed either on a country-wise basis (conventional way) or through the PCT (Patent Cooperation Treaty) filing process.
In case of PCT filing process, a single international patent application is filed for obtaining protection in more than 150 countries, which will be followed by the national phase entry after that.
In case of conventional filing process, separate patent applications are filed in different foreign countries within a period of 12 months from the date of first patent filing.
What is the difference between PCT filing and conventional foreign patent filing? ▼
In case of the PCT filing process, a single international patent application is filed for obtaining protection in more than 150 countries, which will be followed by the national phase entry after that.
In case of conventional filing process, separate patent applications are filed in different foreign countries within a period of 12 months from the date of first patent filing.
Which route is better – PCT or direct foreign filing? ▼
A decision should be based on:
- Number of countries desired to operate in
- Financial capacity and time frame
- Commercial feasibility of the invention
- Filing under PCT will be most appropriate if you want to retain the flexibility of operating in different countries.
What is PCT national phase entry? ▼
A PCT national phase application is that point in the process when an international patent application is filed individually in the selected countries (USA, India, Europe, China, Japan, etc.) in 30 or 31 months from the priority date.
What is the deadline for PCT national phase filing? ▼
Deadline for entering into national phase:
- 30 months in most countries
- 31 months in a few countries such as Europe
- Failure to meet the deadline can lead to forfeiture of patent rights.
Which countries should I file my foreign patent in? ▼
Selection of countries is based on:
- Target markets
- Location of manufacturing facilities
- Licensing plans
- Costs of enforcing rights
- Typical countries are USA, Europe (EPO), China, India, Japan, South Korea, Canada, Australia, and United Kingdom.
How much does foreign patent filing cost? ▼
Foreign patent application cost depends on:
- No of countries
- Fees charged by patent offices of those countries
- Fees of attorney and translation
- The process of PCT filing makes cost sharing possible over time, while costs in the case of foreign filing come immediately on a country-by-country basis.
Can I file a foreign patent application from India? ▼
Yes. Foreign patent applications in India can be filed after:
- Application in India first, or
- Obtaining foreign filing license (FFL) from the Indian Patent Office.
We provide assistance in FFL applications, PCT filing and foreign patents.
Is a granted Indian patent valid in other countries? ▼
Not really. Patents are territorial in nature. A patent obtained in India will not be protected outside of the country. It is necessary to file patents separately in each foreign country or by the PCT route.
What documents are required for PCT or foreign patent filing? ▼
The following are the requirements for a PCT or foreign patent application from India:
- Request Form (PCT/RO/101): Includes formal applicant, inventor, and country designation.
- Patent Specification: Technical description, claims, abstract, and drawings of the invention.
- Priority Document: A certified copy of the original base application (e.g., Indian filing).
- Power of Attorney: A document appointing a patent agent or attorney to handle the patent process.
- Foreign Filing License (FFL): Permission from the Indian Patent Office under Section 39 (if necessary).
- Form 28 & Entity Proof: Startup/MSME certification for a cheaper ISA search fee in India. (Point to note: WIPO's 90% international fee reduction is applicable only to individual inventors and not to corporate startups.)
