A frequent doubt is heard whenever global filings are discussed, namely whether WIPO grants a single “international patent”. This doubt is natural because the PCT feels like one unified system. However, it is only a filing and procedural framework. Patents are ultimately granted, or refused, by each national office. Understanding WIPO’s role, and how it interfaces with India’s law and timelines helps applicants plan a strategy and avoid preventable missteps.
WIPO and the PCT, the real role in international patent protection
WIPO administers the Patent Cooperation Treaty, which lets you file one international application that has the legal effect of a national filing in all designated PCT states. WIPO’s International Bureau coordinates the process, publishes the application, maintains the file, and runs central digital services. It does not decide patentability. That decision is left to each country when it enters the national phase.
What WIPO actually does in the international phase
During the international phase, an International Searching Authority prepares an International Search Report and Written Opinion. WIPO publishes the application on PATENTSCOPE and provides ePCT for secure filing and management. In India, the Patent Office itself is a recognised ISA and IPEA, functioning since 15 October 2013.
What WIPO does not do
WIPO does not grant patents, nor can it guarantee allowance in any country. The international reports are informative, and national offices consider them, but they are not binding. Substantive patentability always turns on national law in the national phase.
How the PCT connects with Indian law and procedure
Under Section 7(1A) of the Patents Act, a PCT application designating India is deemed to be an application under Indian law once a corresponding application is filed before the Controller. Rule 20 of the Patents Rules sets out the mechanics for international applications designating India and governs national phase entry.
Filing routes for Indian residents and the Foreign Filing License
If you are “resident in India”, you must either file first in India or obtain a Foreign Filing License under Section 39 before filing a PCT application abroad. An FFL is not required if six weeks have passed since an Indian filing and no secrecy directions have been issued. Plan this early, especially where collaborative R&D spans multiple jurisdictions.
India’s 31-month national phase deadline, strictly enforced
India requires national phase entry within 31 months from the earliest priority date. Courts have treated this as a hard stop. In Diebold Self Service Systems v. Union of India (Delhi High Court, 2022), and again in Humanity Life Extension LLC v. Union of India (Delhi High Court, 2023), attempts to rely on PCT Rule 49.6 or to stretch Rule 138 of the Patents Rules were rejected. The current WIPO PCT Applicant’s Guide for India also clarifies that the Rule 138 extension does not apply to filing the national phase application under Rule 20(4)(i). The takeaway is simple, diarise the 31-month date and enter on time.
Claim amendments at national phase, what Delhi High Court has clarified
The PCT allows certain amendments in the international phase, but once in India, amendments must comply with Section 59 and the Rules. In Ovid Therapeutics, Inc. v. Assistant Controller of Patents and Designs (Delhi High Court, 2024), the Court upheld refusal where amended claims expanded beyond the original scope and did not meet Section 3(d) standards on therapeutic efficacy. Ratio, claim scope cannot be broadened at national phase and efficacy data must support inventions in pharmaceuticals. Separately, practice on deleting claims at national entry was recognised after the 2016 amendment to Rule 20, but re-introducing deleted claims later has been scrutinised. Applicants should align claim strategy before entry.
PCT entry does not sidestep India’s exclusions
A useful reminder comes from Ferid Allani v. Union of India (Delhi High Court, 2019), a computer-related inventions matter that entered via the PCT route. The Court insisted that computer-implemented inventions must demonstrate a technical effect to cross the Section 3(k) bar. Ratio, PCT entry offers no shortcut around national exclusions; substantive law still rules.
Using WIPO tools smartly
PATENTSCOPE for diligence and competitor watching
PATENTSCOPE provides full-text access to published PCT applications and many national collections. Use it to map prior art, track competitors, and compare the ISA’s citations with your own search. It is free and updated on the day of publication.
ePCT for error-proof filing and portfolio control
ePCT enables real-time validations at filing, secure access to the file, alerts for time limits, and structured communication with the International Bureau and participating offices. Using ePCT, including when RO/IN accepts it, reduces clerical risk and keeps the entire team synced.
Practical checklist for applicants
Decide filing sequence early if you are a resident in India, plan for an FFL under Section 39 or file first in India and then file the PCT within 12 months.
Calendar the Indian national phase deadline at 31 months from the earliest priority. Do not assume any extension will be available.
If you plan to rely on efficacy or technical effect, assemble data before entry. Ovid underscores the risk of expanded claims with thin data.
Consider choosing ISA/IN where appropriate. India is a recognised ISA/IPEA and selection may align with expedited examination options later in India.
Use ePCT and PATENTSCOPE to manage and research intelligently.
Quick FAQs woven into practice
Does the PCT give me automatic protection in India?
No. WIPO does not grant patents. You must enter the Indian national phase and satisfy Indian law.
Can I enter late after 31 months?
Current jurisprudence in Delhi has treated the 31-month deadline as non-extendable for filing the national phase, and WIPO’s India Guide lists the national phase filing as excluded from Rule 138 extensions. File on time.
What changes when I enter India?
Indian exclusions and amendment rules apply. For example, claim broadening is not permitted and Sections 3(d), 3(k), 3(i) and others are applied on merits.
Is India an International Searching Authority?
Yes. The Indian Patent Office has functioned as ISA and IPEA since 2013 and provides those services to PCT applicants.
The bottom line
WIPO, through the PCT, simplifies how you file internationally and equips you with early search intelligence and robust digital tools. It does not, however, dilute or displace national law. If India is on your map, observe Section 39 on foreign filing, diarise the 31-month national phase date, and shape your claims and evidence for Indian examination standards. This is the surest way to translate PCT efficiency into enforceable rights at home.
