India stands as a critical destination for patent protection which attracts international inventors along with global enterprises who aim to build their worldwide patent portfolios. The Patent Cooperation Treaty (PCT) enables foreign applicants to directly enter the Indian market for patent protection.

Foreign patent applicants will discover a detailed examination of the Indian patent registration process in this article. The article presents detailed information about the conditions of application, required steps, necessary paperwork and timeframes along with legal obligations which must be met by applicants under Indian patent regulations. The article specifically addresses the PCT’s national phase filing system and describes the Indian Patent Office operations while explaining the required steps for obtaining a Foreign Filing License according to Section 39 of the Patents Act, 1970.

The article relies on authentic data sources which include the Indian Patents Act and the World Intellectual Property Organization (WIPO) PCT Applicant’s Guide as well as the IP India official portal. The presented guidance is both precise and contemporary while following all existing legal guidelines.

The Indian Patents Act of 1970 established patent registration rules that do not discriminate against international applicants based on their citizenship or location. The Indian Patents Act of 1970 allows foreign individuals and organizations to register patents in India through two separate channels which include direct national filings and PCT national phase entries. The PCT process provides significant benefits to overseas patent applicants because they can submit one international patent application which functions as a national application in various PCT member countries including India.

The PCT system offers significant benefits to international patent applicants who choose this filing method. Through the PCT system, foreign applicants can file a unified international application that functions as a standard national submission across participating PCT member countries like India. The World Intellectual Property Organization (WIPO) manages the PCT system while India became a PCT member state in 1998. Foreign applicants possess three methods for filing their PCT applications which include submitting to their country's receiving office, the WIPO International Bureau or the Indian Patent Office based on their nationality or residence conditions.

Applicants who file a PCT application have up to 31 months from their earliest priority date to begin the national phase process in India. During this period applicants can conduct market assessment, seek financial support and prepare their documentation. The applicant needs to provide Form 1 (application for grant of patent) together with the complete specification (Form 2) while including a power of attorney (Form 26) before submitting the required fees to enter the national phase in India. A verified English translation is mandatory for applications that begin in languages other than English.

Every foreign national who files for foreign patents based on Indian-based inventions must follow the requirements of Section 39 in the Indian Patents Act which demands Indian Patent Office permission. Through the submission of Form 25, Foreign Filing License (FFL) acquisition takes place. The regulation exists to protect national security since it ensures all sensitive inventions undergo scrutiny before international disclosure. The process for obtaining FFL usually takes about 21 days after the initial request submission. After six weeks of filing an Indian patent application without receiving secrecy directions the applicant can proceed to foreign filing without requiring a direct FFL approval.

Another major compliance issue faced by foreign applicants is their understanding of the IPO as a patent office operating under the PCT. Since 2013, the Indian Patent Office has been allowed to carry out international patent searches and examinations as part of the global PCT system. This means the IPO can be used by international applicants to have their international search and examination undertaken by an authority working under the PCT. This could potentially have strategic benefits for applicants of innovation targeting India protection first.

A consideration for foreign applicants is the cost. The government filing fees are assessed based on the type of applicant, i.e., individual, small entity or legal entity. As at 2025 the cost to file a patent application (Form 1) is ₹1,600 for individuals and ₹8,000 for legal entities. A request for examination (Form 18) includes fees of ₹4,000 for individuals and ₹20,000 for legal issues. There may be additional fees for excess claims, excess pages and late fees.

The process is generally timed predictable. Once the national phase begins, the applicant has up to 48 months from the earliest filing date to request an examination of the patent application. If this step is missed, the application is treated as withdrawn and won’t move forward. From the time request to grant, the examination process can take anywhere from 12–24 months, depending on any examiner objections and the complexity of the examination.

The three most common mistakes made by foreign applicants are; 1) missing the 31-month national phase deadline; 2) failing to obtain verified translations; and 3) failing to obtain a power of attorney on time. Any mistake in the areas outlined can cause delay in patent granting or even rejection. If you are filing through an agent or attorney, always double-check that any assignment deed is appropriately executed and filed at the same time.

In summary, the ability of foreign nationals to file patents in India is uncomplicated and systematic, as is the entry of international patent applications in India through the PCT system. The Indian legal system does not discriminate against nationality, but rather focuses on procedural propriety, along with protection of national interests. For innovators globally, India is a viable location to get patent rights, if managed well for timelines, documents, and permissions.

Author :- Vanshika Bhardwaj, a Student at National Law University Odisha, Cuttack, in case of any query, contact us at Global Patent Filing or write back us via email at support@globalpatentfiling.com.

References

1. WIPO PCT Applicant’s Guide – India Chapter

https://www.wipo.int/pct/en/

2. IP India – National Phase Filing Guidelines

https://ipindia.gov.in

3. The Patents Act, 1970

https://legislative.gov.in/sites/default/files/A1970-39.pdf

4. Schedule of Fees – IP India

https://ipindia.gov.in/writereaddata/Portal/Images/pdf/FEES.pdf

5. Manual of Patent Office Practice and Procedure (2024 edition)

https://ipindia.gov.in/manual-of-patent-office-practice-and-procedure.htm