Frequently Asked Questions
Find answers to top questions about foreign patent filing, PCT applications, and international patent protection.
What is a foreign patent application? ▼
A foreign patent application is a patent filing made outside India to protect an invention in one or more foreign countries. This can be done either through direct country-wise filing (conventional route) or via the PCT (Patent Cooperation Treaty) route for international patent protection.
What is the difference between PCT filing and conventional foreign patent filing? ▼
In PCT filing, a single international application is filed to seek protection in 150+ countries, followed by national phase entry later.
In conventional filing, separate patent applications are filed directly in each target country within 12 months of the first filing.
PCT offers more time, flexibility, and cost planning, while conventional filing may be faster in selected jurisdictions.
Which route is better – PCT or direct foreign filing? ▼
The best route depends on:
- Number of countries targeted
- Budget and timeline
- Commercial readiness of the invention
PCT filing is ideal if you want to keep multiple country options open, while direct foreign filing suits businesses targeting specific countries only.
What is PCT national phase entry? ▼
PCT national phase entry is the stage where a PCT application is converted into individual national patent applications in selected countries (e.g., USA, Europe, China, Japan, etc.) within 30 or 31 months from the priority date.
What is the deadline for PCT national phase filing? ▼
The deadline for national phase entry is:
- 30 months in most countries
- 31 months in some jurisdictions like Europe
Missing this deadline may result in loss of patent rights, so timely planning is critical.
Which countries should I file my foreign patent in? ▼
Country selection depends on:
- Target markets
- Manufacturing locations
- Licensing or commercialization plans
- Enforcement strength and costs
Common jurisdictions include USA, Europe (EPO), China, Japan, South Korea, Canada, Australia, and UK.
How much does foreign patent filing cost? ▼
The cost of foreign patent filing varies based on:
- Number of countries
- Official fees of each patent office
- Attorney and translation fees
PCT filing helps spread the cost over time, while direct foreign filings require immediate country-wise expenses.
Can I file a foreign patent application from India? ▼
Yes. Indian applicants can file foreign patent applications after:
- Filing first in India, or
- Obtaining Foreign Filing License (FFL) from the Indian Patent Office
We assist in FFL applications, PCT filing, and foreign patent prosecution.
Is a granted Indian patent valid in other countries? ▼
No. A patent is territorial in nature. A patent granted in India does not provide protection abroad. Separate filings are required in each foreign country or through the PCT route.
What documents are required for PCT or foreign patent filing? ▼
Typically required documents include:
- Patent specification (description, claims, abstract)
- Drawings (if applicable)
- Priority documents
- Applicant and inventor details
- Power of Attorney
Additional documents may be required depending on the country.
