It is common to hear the PCT described as a “global patent”. That phrase appears in pitch decks, internal mails, and even procurement notes. The reality is different. The Patent Cooperation Treaty, administered by WIPO, is a procedural pathway, not a grant. It gives you one international filing, an early prior-art report, international publication, and extra time before you must decide country by country. Used well, it can de-risk decisions and improve claim quality. Used reflexively, it can sink budget without adding value. This guide explains the PCT in plain terms, the India-specific rules you must respect, and a practical decision framework for applicants.
The PCT in plain terms, what it does and what it does not
What it is: A single international application filed with a Receiving Office, for example RO/IN or RO/IB, that has the legal effect of filing in all PCT contracting states. WIPO runs the system and issues the international publication.
What you get:
an International Search Report (ISR) and Written Opinion from the chosen International Searching Authority, indicating relevant prior art and preliminary views on novelty, inventive step, and industrial applicability, and
international publication around 18 months from the earliest priority date.
What it is not: It is not a worldwide patent. Rights arise only after you enter each national or regional phase and prosecute under local law, for example before the Indian Patent Office, EPO, USPTO, JPO, and so on.
The core timeline, at a glance
International filing: file the PCT application claiming any Paris-priority as needed. Eligible applicants can file securely through ePCT, which also simplifies later actions.
ISR and Written Opinion: issued by the ISA you selected. These documents are your first structured view of patentability and help adjust claim strategy before national filings.
International publication: at about 18 months from the earliest priority date..
Optional Chapter II (Demand): if you want examiner feedback beyond the Written Opinion, you may file a Demand for international preliminary examination by the IPEA. The deadline is the later of 22 months from priority or 3 months from transmittal of the ISR/WO. You receive the International Preliminary Report on Patentability (Chapter II), a more interactive assessment useful for licensing or investor discussions.
National or regional phase: most Offices require entry by 30 months from priority, but India allows 31 months as a hard deadline. Plan your docket accordingly.
India-specific rules you must get right
1) Foreign Filing Licence for residents, Section 39
If you are resident in India, you must either file first in India or obtain an FFL before filing a PCT at RO/IB or at a foreign Receiving Office. The Controller is required to dispose of FFL requests within the prescribed period. Filing abroad without complying with Section 39 is a compliance risk and should be avoided.2) National phase deadline in India, 31 months
Rule 20 and official practice fix 31 months from the earliest priority date to enter the Indian national phase. Miss this, and the international application designating India is treated as withdrawn for India. India does not generally offer extension beyond 31 months, so calendar this date early.3) Early processing before 31 months
Processing in India usually starts after 31 months. If you want to move early, you may file an express request so that examination can proceed without waiting for that period, followed by your request for examination. This can be useful where speed is important.4) Choosing your ISA/IPEA
The Indian Patent Office is recognised as an ISA/IPEA and is available to eligible applicants. Choice of ISA may affect fees, search style, and timelines. Consider technical area and downstream markets when picking an ISA.5) Documentation hygiene
Follow the IPO Manual guidance on translations, certified priority documents if not already available via the WIPO Digital Access Service, and signatures. Treat the 31-month point as your last date to tidy such formalities for India.When the PCT route makes strong business sense
Multi-country interest, but uncertainty on where to file
If commercial potential spans multiple markets, PCT defers the spend on national filings while preserving options in all PCT states. The ISR and Written Opinion help target the right jurisdictions.Need for time to validate, fund-raise, or pilot
The 30 or 31-month runway gives room to finish trials, build data, and align partners, while maintaining an early international filing date.Desire for early prior-art intelligence
An ISA search provides a focused view of the art, often better than quick commercial searches. You can amend claims before national phase and even pursue Chapter II to sharpen your case if a key market is sceptical.Portfolio signalling
Publication on PATENTSCOPE and a favourable ISR can support licensing or investor conversations without locking you into every jurisdiction.
When the PCT may not be the best fit
Single-country strategy
If protection is needed only in India or one other country, a direct filing under the Paris Convention is often simpler and cheaper than a PCT detour.Tight budgets with clear market focus
PCT fees, ISA search fees, and later national-phase fees add up. If your market pick is clear, put the budget into stronger local drafting and earlier prosecution.Ultra fast enforcement needs
PCT does not accelerate grant in national offices by itself. If speed is crucial in a target country, consider direct filing there with any available fast-track programmes.
How to file smartly, step by step
Check Section 39 obligations if any inventor or applicant is India-resident. Obtain the FFL or file first in India.
Prepare a robust specification. The quality of the ISR depends on how well your claims and embodiments are drafted.
Pick the ISA thoughtfully. Factor in technical field, language, and fee brackets. For many Indian applicants, ISA/IN is available, and WIPO’s India annex lists current fees, including reduced fees for natural persons, startups, small entities, and educational institutions.
Use ePCT for filing and post-filing actions, for example, sequence listings, priority document access, and easy monitoring.
Calendar all decision points: Article 19 amendment window, optional Chapter II Demand deadline, 18-month publication, and 30/31-month national phase entries, with India noted at 31 months.
PCT for India-bound applicants, a focused view
If India is a key jurisdiction, the PCT helps with search intelligence and global optionality, but your national phase will still be scrutinised under Indian law, including Section 3 objections, sufficiency, best method, and formal requirements. Be ready for early prosecution decisions after entry. You may also, if strategy demands speed, request early processing and file request for examination without waiting for 31 months.
Two quick comparisons applicants often ask about
PCT vs Paris Convention route
PCT: one filing, ISR, Chapter II option, later national decisions, higher initial fees but defers the big spend.
Paris: direct file in each country within 12 months from the first filing, no ISR, cheaper if targeting one or two countries quickly.
RO/IN vs RO/IB filing and tools
RO/IN keeps the filing in India and may simplify Section 39 compliance for residents.
RO/IB through ePCT offers a smooth, tool-rich process. Choose based on residence constraints, internal process, and advisor comfort.
FAQs answered in context
Does the PCT give me a worldwide patent?
No. It gives you one international filing, prior-art outputs, and time. Rights come only after you enter and prosecute national or regional phases.What is the deadline to enter national phase in India?
31 months from the earliest priority date. Treat this as a hard stop in India. Many other Offices use 30 months.Should I file a Chapter II Demand?
Use it when you need interaction with an examiner before national filings, for example to support licensing or investment. The deadline is the later of 22 months from priority or 3 months from the ISR transmittal.Can I file a PCT directly without filing in India first?
If any applicant or inventor is a resident in India, obtain a Foreign Filing Licence first, or file in India and wait six weeks. Section 39 governs this.Summary
The PCT is a planning tool. It does not grant a patent, it buys you time and insight. Use it when you have multi-country potential, need early prior-art intelligence, or must keep options open while data and partners line up. Respect India-specific rules, especially Section 39 on foreign filing by residents and the 31-month national-phase deadline. Combine a strong specification, a thoughtful ISA choice, and disciplined docketing. That is how the PCT route earns its keep.
