One international application. Time to decide where a patent is actually worth paying for.
The Patent Cooperation Treaty is an international treaty administered by WIPO, the World Intellectual Property Organization in Geneva. It gives you a single filing route recognised by more than 150 contracting states — and roughly 30 months from your priority date before you must commit to individual countries. It does not grant a patent anywhere.
Our track record
- 8,000+
- Prior Art Searches
- 3,200+
- Patents Filed
- 2,400+
- FER Replies Filed
- 11,000+
- Novel Ideas in Possession
What the PCT actually is
The Patent Cooperation Treaty is an international agreement administered by WIPO, the World Intellectual Property Organization. India has been a contracting state since 1998, and the Indian Patent Office acts both as a Receiving Office — where you can file — and as an International Searching Authority.
Filing one PCT application gives your invention a pending international application recognised by every contracting state. That is genuinely useful, and it is also the limit of what it does.
There is no such thing as an international patent, and no PCT application ever becomes one. Patents are granted country by country, by each national or regional office, under its own law. What the PCT gives you is a single filing act, an international search report, publication by WIPO, and time.
What WIPO does, and what it does not
WIPO administers the treaty, receives international applications, publishes them at around 18 months from the priority date, and coordinates the international phase. WIPO also runs PATENTSCOPE, the public database where published PCT applications can be searched.
WIPO does not grant patents. It has no power to. Granting is entirely a matter for national and regional offices — the Indian Patent Office, the EPO, the USPTO and so on. Anyone describing a WIPO publication number as a granted patent is either confused or misleading you.
The two phases, plainly
The international phase begins when you file the PCT application. An International Searching Authority produces an international search report and a written opinion on novelty, inventive step and industrial applicability. WIPO publishes the application. Optionally you may request international preliminary examination for a second, fuller opinion.
The national phase begins when you enter chosen countries, normally by 30 or 31 months from your priority date depending on the office. Each entry is a separate application, with its own fees, its own translation requirements, its own examination and its own outcome. This is where the real cost sits, and why the deferral matters.
Domestic filing, Paris Convention, PCT and national phase
A domestic Indian filing protects you in India only.
The Paris Convention route lets you file directly in other member countries within 12 months of your Indian filing while keeping your original priority date. It is faster and cheaper if you already know you want two or three specific countries.
The PCT route replaces those separate filings with one international application and pushes the country decision out to around 30 months. It costs more up front than a single Paris filing, and far less than filing in eight countries at 12 months.
National-phase entry is the point at which you finally do enter your chosen countries.
Which is right depends on how many countries you want, how certain you are about them, and your cash flow. We will tell you plainly which we would use in your position — and if that is the Paris route rather than PCT, we will say so.
Who should consider it
Businesses that export or plan to. Companies manufacturing abroad. Startups raising investment where international rights affect valuation. Institutions licensing research internationally. And anyone who genuinely does not yet know which markets will matter, and wants to keep the option open without paying for it now.
What you need before filing
A complete specification with claims, abstract and drawings. Applicant and inventor details. Your priority document if you are claiming an earlier Indian filing. A signed authorisation for us to act.
And, critically, foreign filing permission from the Indian Patent Office where Section 39 of the Patents Act requires it. Filing abroad without it, when it was needed, has serious consequences including possible abandonment of the Indian application. We check this before anything is filed.
Common and expensive mistakes
Missing the 12-month priority window and losing the earlier date entirely.
Filing abroad without Section 39 permission where it was required.
Choosing countries by ambition rather than by where the product will actually be sold or manufactured. Each additional national phase is a real, recurring cost.
Treating the international search report as a verdict. It is an opinion, it does not bind any national office, and a negative report is not the end.
Leaving national-phase decisions to the final fortnight, when there is no time to plan translations or budget.
How we run a PCT filing
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1
Invention and priority review
What you have, what is already filed, and which dates are running against you.
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2
Route selection
PCT or direct Paris Convention filing, decided on your markets, certainty and cash flow — not by default.
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3
Section 39 permission check
Whether foreign filing permission is required in your case, before anything leaves India.
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4
Specification and document preparation
Drafting or adapting the specification and claims to international filing standards.
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5
Filing at the Receiving Office
Filed through the Indian Patent Office as Receiving Office, or another where appropriate, with fees and formalities handled.
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6
International search and WIPO publication
We review the search report and written opinion with you and explain exactly what they do and do not mean.
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7
Optional preliminary examination
Where it is genuinely useful in your case. It is optional, and often it is not worth the fee — we will say which.
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8
National-phase planning and entry
Country selection, translation budgeting, and coordination with associates in each jurisdiction, planned well before the deadline.
Questions we are asked most
Does a PCT application give me an international patent?
No, and no such thing exists. The PCT gives you one international application recognised by the contracting states, an international search report, and time. Every patent is granted separately by a national or regional office under its own law.
What is WIPO's role?
WIPO, the World Intellectual Property Organization, administers the treaty, publishes international applications at around 18 months from priority, and runs PATENTSCOPE where they can be searched. WIPO does not examine for grant and does not grant patents.
How long do I have before choosing countries?
Generally around 30 months from your priority date, though some offices allow 31 and a few differ. Because these deadlines are absolute and a missed one cannot be recovered, we confirm the exact date for your case in writing rather than relying on a general figure.
What does it cost?
The international phase has transmittal, search and international filing fees, with reductions available to applicants from certain countries. The far larger cost is the national phase, which multiplies by every country you enter and includes translation. We quote the international stage in writing and give an indicative national-phase range so you can plan.
Do I need permission to file outside India?
Where Section 39 of the Patents Act applies, yes — you need foreign filing permission from the Indian Patent Office, or you must have filed in India first and waited the prescribed period. We check whether it applies before anything is filed.
Can I still file in a country not covered by the PCT?
Yes, by filing directly in that country, usually under the Paris Convention if within the priority period. Not every country is a PCT contracting state, and we will tell you if one of your target markets is not.
Will the search report tell me whether I will get a patent?
No. It is a valuable early indication from a searching authority and it usually shapes strategy, but it is not a decision and it does not bind any national office.
Talk to an expert
Tell us what you are working on. We will tell you honestly whether this service is what you need, what it involves, and what it costs.
Prefer to talk? Call +91 76006 90996 or email info@mycrave.co.in.