Priority, convention applications and the PCT route
How an Indian filing connects to filings in other countries, and how the international system feeds into India.
Patent rights are territorial. An Indian patent stops nothing outside India, and a foreign patent stops nothing inside it. What crosses borders is the priority date, through the convention route or the Patent Cooperation Treaty.
The PCT is not a world patent. It is a single international filing that preserves your options in many countries, produces an international search report and a written opinion, and then requires you to enter the national phase in each country you actually want.
India's national phase entry is time-critical and unforgiving. The date runs from the earliest priority, not from the international filing date, and it does not wait for a decision to be made.
The provisions that govern this
Act sections and Rules are listed separately, as they always are on this site. Open a provision for its own explanation, example and deadlines.
- 8Information and undertaking regarding foreign applications
- 9Provisional and complete specifications
- 11Priority dates of claims of a complete specification
- 16Power of Controller to make orders respecting division of application
- 17Power of Controller to make orders respecting dating of application
- 39Residents not to apply for patents outside India without prior permission
- 118Contravention of secrecy provisions relating to certain inventions
- 133Convention countries
- 135Convention applications
- 136Special provisions relating to convention applications
- 137Multiple priorities
- 138Supplementary provisions as to convention applications
- 139Other provisions of Act to apply to convention applications
- 12Statement and undertaking regarding foreign applications
- 13Specifications
- 17Definitions
- 18Appropriate office in relation to international applications
- 19International applications filed with appropriate office as receiving office
- 19AIndian International Searching Authority
- 19BInternational search report
- 19CTime limit for establishing international search report
- 19DTransmittal of the international search report and written opinion
- 19EConfidential treatment
- 19FIndian International Preliminary Examining Authority
- 19GPeriod for making a demand
- 19HFees payable to Examining Authority
- 19IManner of making a demand
- 19JProcessing of demands for international preliminary examination
- 19KInternational preliminary examination report
- 19LPeriod for establishing international preliminary examination report and its transmission
- 19MTransmittal of the international preliminary examination report
- 19NConditions for and extent of refund
- 20International applications designating or designating and electing India
- 21Filing of priority document
- 22Effect of non-compliance with certain requirements
- 23The requirements under this Chapter to be supplemental of the regulations, etc., under the Treaty
- 45Omitted
- 71Permission for making patent application outside India under section 39
- 121Period within which copies of specification, etc., are to be filed
- 133Supply of certified copies and certificates under sections 72 and 147
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