Patent Rights are territorial in nature. This means that in order to protect an invention in India, a patent application has to filed in India aiming at grant of corresponding patent in India. Likewise for all other countries. There is no process of a worldwide grant of patent that can give worldwide protection through a single application. However, international protection of an invention is possible through the following means.
- File patent application directly outside India (through Convention or Patent Cooperation Treaty (PCT) route) without filing a patent application in India after taking a Foreign Filing License (FFL).
- File patent application in India, and within 12 months of the priority date file Convention Applications in desired countries.
- File PCT application within 12 months of the priority date.
Priority date is when an invention is first filed, where in a provisional or a complete application. However, applications via Convention or PCT route have to be complete applications.
Convention application refers to a patent application filed in accordance with the terms of Paris Convention that facilitates direct filing in another country for all members of the convention. Members include India and all major countries. Filing through Paris convention has to be done within 12 months from priority date.
Patent Cooperation Treaty (PCT) is an international treaty with more than 145 Contracting States and makes it possible to seek patent protection for an invention simultaneously in a large number of countries by filing a single “international” patent application instead of filing several separate national or regional patent applications. However, it should be noted that the granting of patents remains under the control of the national or regional patent Offices in what is called the “national phase”. Such applications can be filed within 30-34 months (per jurisdiction) of the priority date, instead of usual 12 months. Besides, acting as a ‘single window’ during international phase, PCT simplifies documentation and logistics aspects. Further, the PCT also provides for an International Search Report on the invention that can give a glimpse of chances of patent grant in multiple jurisdictions.
Our Services Include:
- Patentability / Novelty / Prior Art / Invalidation Searches
- Drafting Patent Applications
- Application Filing in India and Globally
- Responding to Examination Reports
- Prosecution Services
- Landscape / Competitive Intelligence / Research and Analytics Studies