PCT-ISA/IPEA
The Patent Cooperation Treaty (PCT) assists applicants in seeking international patent protection for their inventions, helps patent offices in their patent granting decisions, and facilitates public access to a wealth of technical information related to those inventions.
By filing a single international patent application under the PCT, applicants can simultaneously seek protection for an invention in a large number of countries. (See the list of PCT Contracting States here: https://www.wipo.int/pct/en/pct_contracting_states.html.)
The PCT currently has 158 Contracting States. It enables applicants to file a single application through the PCT system and seek protection in multiple countries. While the PCT simplifies the initial filing process, patents are ultimately granted by national or regional patent offices during the national phase.
By using the PCT system, you can postpone paying significant national patent-related fees while you learn about the likelihood of having a patent granted for your invention. You benefit from more time and information to help you decide whether, and in which countries, to pursue patent protection.
An Indian national or a resident of India can file PCT application in RO/IN.
If there is more than one applicant in the PCT application, at least one of those applicants must meet the said requirement i.e. either Indian national or resident of India.
Applicant categories –
1. Natural person – No documentary evidence is required
2. Educational Institution - Any document as evidence of eligibility, as defined in rule 2(ca) of the Indian Patents Rules, 2003.
3. Small Entity - Evidence of registration under the Micro, Small and Medium Enterprises Development Act, 2006(27 of 2006). In such case the applicant is required to submit a valid Udyam Registration Certificate reflecting the current classification year.
For example:
a. If the PCT application is filed on 21 March 2025, the certificate should show the classification year 2024–25.
b. If the application is filed on 11 April 2025, the classification year should be 2025–26.
This means that the classification year on the Udyam Registration Certificate must correspond to the financial year in which the PCT application is filed, not the previous year.
You may check validity of Udyam Registration Certificate at - https://udyamregistration.gov.in/Udyam_Verify.aspx
4. Start Up -DPIIT issued STARTUP certificate which should be valid at the time of filing of the PCT international application.
You may check validity of STARTUP certificate at - https://www.startupindia.gov.in/content/sih/en/startupgov/validate-startup-recognition.html
5. Legal Entity- No documentary evidence is required
Filing of invalid document for Search Fee Reduction for ISA/IN -
If the applicant has claimed a search fee reduction (e.g., as a small entity, startup, or educational institution) but the supporting document provided is found to be invalid—due to expiration, incorrect classification year, or any other reason—the Receiving Office (RO/IN) will issue PCT Form RO/132 which serves as an official invitation to correct the deficiency by submitting the appropriate and valid supporting document within the specified timeline mentioned therein. Thereafter the applicant is required to submit a valid document (e.g., UDYAM Registration Certificate, Startup Certificate, etc.) through ePCT module only.
If the applicant or agent for the applicant fails to respond within the timeline provided in RO/132, no reduction in search fees will be provided to the applicant.
- PCT application claiming priority from an earlier application must be filed within 12 months from the date of first application filing (priority application).
- PCT application may also be directly filed without any first filing (priority application).
However, in both scenarios, the applicant (who is a resident of India) must ensure compliance with Section 39 of the Indian Patents Act i.e. in cases where no priority is claimed, or where six weeks have not elapsed since the filing of the priority application in India, the applicant is required to obtain prior permission from the Indian Patent Office under Section 39 of the Indian Patents Act before filing of PCT international application. This requirement ensures that inventions originating in India are first reviewed by the Indian authorities for national security considerations.
Failure to comply with this provision will result in the PCT International application being considered invalid or not being processed further.
PCT Timeline calculatorPCT international application can be submitted electronically before Receiving Office India (RO/IN) through ePCT module.
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Create WIPO ePCT Account – https://pct.wipo.int/ePCT/about-newusers.xhtml
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Login into your ePCT account on https://pct.wipo.int/ePCT/ and follow the steps given below –
Create New IA
Select Receiving Office – IN-Indian Patent Office and then click on Create button.
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Choose the fee reduction entitlement, if any (e.g., Small Entity, Start-up, and Educational Institution).
The language of the request will be English by default for RO/IN.
The language of filing the international application can be either English or Hindi.
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Add the further details –
Priority claims
Designations
Names – Add Applicant(s)/Inventor(s), Agent/Common representative/Address for Correspondence
You can also prepare the Power of Attorney online or upload a PDF copy under the header "Power of Attorney"
Select International Search Authority
Declarations (not mandatory) – Prepare Declaration Online or Upload Offline declaration pdf
Prepare RO 134 (if required) – Indications Relating to Deposited Microorganism or Other Biological Material
Upload Documents (Description, claims, abstract, and drawings)
General correspondence, if any (For eg. Foreign filing permission letter under section 39 of the Indian Patents Act – if required)
For further information please click on – https://www.wipo.int/en/web/ipportal-support/epct-user-guide/faq
(The applicant must ensure that "Receiving Office – IN" is selected at the start of the filing process.)
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Obtain the editable PCT Request form (PCT/RO/101) from WIPO's website – https://www.wipo.int/documents/d/pct-system/docs-en-forms-request-ed-request.pdf
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Prepare Documents: Complete the request form (PCT/RO/101) with the relevant entries and prepare the description, claims, abstract, and drawings, adhering to PCT format requirements.
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Submit to RO/IN: The PCT international application can be filed offline in any of the branches of the Indian Patent Office situated at Delhi, Mumbai, Chennai, or Kolkata.
(Note: The date on which the application received in the Patent Office will be considered as the international filing date)
** Applicants are encouraged to use ePCT module for filing of PCT application as it offers significant benefits such as a reduction in the international filing fee, exemption from the transmittal fee, real-time validations, secure document handling, and greater overall efficiency.
Elements of a PCT application
Your PCT application should contain all of the following:
Title of the invention
Bibliographic data about the applicant(s) and any appointed representative(s): names, addresses, nationality and residence indications, and contact details
Priority claim (if any)
Selection of International Searching Authority (ISA) (AU, AT, CN, EP, IN, JP, SE, USA)
Declaration (not mandatory)
Signature of the applicant/agent
Description
Claims
Abstract
Drawings of the invention, if any
Fee
The different components of PCT FEES are –
International filing fees to be paid by online transfer via NEFT/RTGS to the following account in the name of The Controller General of Patents, Designs and Trademarks (CGPDTM) at Central Bank of India, FOREX, International Division, 5 Jeevan Tara Building, Parliament Street, New Delhi-110001
| Account No. | IFSC | MICR |
|---|---|---|
| 3522713519 | CBIN0280316 | 110016015 |
WIPO DAS
The WIPO Digital Access Service (DAS) is an electronic system allowing priority documents and similar documents to be securely exchanged between participating intellectual property (IP) offices. The system enables applicants and offices to meet the requirements of the Paris Convention for certification in an electronic environment.
When you file a patent application in one country, and later file the same invention in another country/PCT (claiming priority), you usually need to send a copy of the first application to the second country's patent office for claiming priority. Instead of mailing or uploading those documents every time, WIPO DAS lets patent offices share them electronically.
A DAS code is a 4-digit hexadecimal code (containing numbers 0–9 and letters A–F). This code is generated when the Indian Patent Office uploads your priority document to the WIPO DAS system.
Examples of DAS codes: 1A3F, B7C2, 0F9D, D4E6, 7B1A
If you want to claim priority for a patent application filed in India when applying in another country, you can use the WIPO Digital Access Service (DAS) to securely share your priority document electronically.
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Submit a Request to the Indian Patent Office:
The applicant must first request the Indian Patent Office to prepare the priority document and upload it to the WIPO DAS portal. -
How to Make the Request
Visit: ipronline.ipindia.gov.in
Log in
Click on Form 30
Select without Fee mode
Select Entry No. 49A
Enter the application number for which you want to prepare priority document.
Upload the request letter and power of attorney, if required.
The request must be filed by an authorized person. If someone is filing on behalf of the applicant, a Power of Attorney should be submitted.
Ensure that the application number for which the DAS code is requested and the email id is correct.
The Indian Patent Office usually processes WIPO DAS requests within 2–3 working days. Once the priority document is registered, a DAS code is generated and a system generated email is forwarded to the applicant by WIPO DAS module.
If you do not receive the DAS code within 2–3 working days, contact the Indian Patent Office for assistance.
What to Do With the DAS Code
Once you receive the DAS code: Submit it in your PCT application through ePCT portal under header "Request to obtain priority document from DAS" to International Bureau (IB).
The Indian Patent Office (IPO) is part of the office of the Controller General of Patents, Designs and Trademarks (CGPDTM) under the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India and is responsible for the grant of patents in India. Patent Office was established in India 150 years ago and has undergone significant changes ever since. The Patents Act 1970 was amended to fulfill the obligations of international agreements and treaties to which India became a party. The Government of India invested on infrastructure, both physical and manpower during the past decade, establishing a strong intellectual property regime in the country.
The Indian Patent Office was recognized as an International Searching Authority and International Preliminary Examining Authority under the PCT and started functioning from 15th October 2013. We have access to a comprehensive collection of patent and non-patent literature that covers the PCT minimum documentation. Professionally qualified and skilled Examiners are our assets. IPO has established a Quality Management System covering technical and administrative tasks of the office. Fully electronic processing system ensures speedy disposal and dissemination of information on real time basis. IPO is a competent ISA/IPEA for international applications filed by nationals/residents of India, Iran, and Japan.
| Year | Filed | Disposed | Withdrawn |
|---|---|---|---|
| 2013-14 | 135 | 18 | 1 |
| 2014-15 | 519 | 502 | 4 |
| 2015-16 | 711 | 621 | 1 |
| 2016-17 | 940 | 983 | 0 |
| 2017-18 | 1213 | 1156 | 1 |
| 2018-19 | 1738 | 1639 | 3 |
| 2019-20 | 1654 | 1640 | 2 |
| 2020-21 | 1780 | 1793 | 1 |
| 2021-22 | 2016 | 1959 | 1 |
| 2022-23 | 1933 | 1973 | 7 |
| 2023-24 | 2077 | 1987 | 0 |
| 2024-25 | 3303 | 3184 | 14 |
The applicant is required to select ISA while filing new PCT International Application online in ePCT module and in case of physical filing same need to be mentioned in PCT form RO/101.
Search Fee for ISA/IN to be paid by using comprehensive e-filing system available at the website http://www.ipindia.nic.in
Individuals may also make payment at the office cash counter either in cash/demand draft in favour of "The Controller of Patents" or through BHIM app [PAT-DEL@centralbank].
Note: PCT Application Number SHOULD be mentioned in the remarks column while making Payment.
| Year | Filed | Disposed | Withdrawn |
|---|---|---|---|
| 2013-14 | 0 | 0 | 0 |
| 2014-15 | 11 | 0 | 1 |
| 2015-16 | 24 | 14 | 1 |
| 2016-17 | 30 | 28 | 1 |
| 2017-18 | 49 | 29 | 0 |
| 2018-19 | 61 | 54 | 1 |
| 2019-20 | 65 | 87 | 1 |
| 2020-21 | 79 | 69 | 5 |
| 2021-22 | 58 | 58 | 4 |
| 2022-23 | 58 | 56 | 4 |
| 2023-24 | 66 | 57 | 2 |
| 2024-25 | 111 | 59 | 4 |
Steps to File a PCT Demand
File PCT Demand (form PCT/IPEA/401) using ePCT module.
Identify the Competent IPEA: Submit the demand to the authority that performed the international search (ISA) or the one designated as competent by your receiving office.
Submit Amendments: If you wish to amend the claims, description, or drawings (Article 34), these must be submitted along with the demand, as this is the only time you can amend all parts of the application.
Pay Fees: The preliminary examination fee and handling fee to be paid to the IPEA.
1. International Preliminary Examination Fees –
International Preliminary Examination Fee to be paid by using comprehensive e-filing system available at the website http://www.ipindia.nic.in Individuals / representative of legal entities may also make payment at the office cash counter either in cash / demand draft (Controller of Patents).
2. Handling Fees –
Handling Fees to be paid in INR (Indian Rupees) by online transfer via NEFT/RTGS to the following account in the name of The Controller General of Patents, Designs and Trademarks (CGPDTM) at Central Bank of India, FOREX, International Division, 5 Jeevan Tara Building, Parliament Street, New Delhi-110001
| Account No. | IFSC | MICR |
|---|---|---|
| 3522713519 | CBIN0280316 | 110016015 |
