However, if the international filing is within six weeks from the date of filing in India, such filing shall be made after taking permission u/s 39 from the IPO.Īn applicant has another option to file an International Application within twelve months from the filing date of the patent in India, directly in IB, claiming the priority of the previously submitted Indian patent application along with the prescribed application fee. File an international PCT application in IB of WIPO or an IPO as a receiving office. c) Filing after a patent application in IndiaĪ PCT application can be filed anytime before the expiry of 12 months from the date of filing. Such an application may also be filed ePCT. Permission u/s 39 is required before submitting directly in IB. b) Filing directly at WIPOĪn international application can be directly filed in IB along with the prescribed fee in the PCT request form. The applicant has to pay the prescribed transmittal fee in addition to the International Application fee and search fee. After the grant of such permission, the Patent Office India shall transmit the application to the IB. Such consent will be allowed or may be deferred after scrutinizing the invention details.Īn international patent application can be filed in IPO as a receiving office in the PCT request form using PCT-SAFE. In case filing at Indian Patent Office, the application should be accompanied by permission for foreign filing license under section 39. Such companies/startups generally contemplate adopting the following options:Īn Indian applicant can file a PCT application in the following manner: a) Filing at Indian Patent Office Hence, such companies are keen on filing International patents outside India. Many companies/startups operating from India cater to foreign markets, especially the USA. International Patent Application from India

How to get an app patented