Patent Filing

Filing Patent Applications: Domestic and International

A patent is territorial, meaning its protection is limited to the country where it is granted. To secure rights in multiple jurisdictions, applicants must file separate applications in each country where they intend to seek protection.

At Khurana & Khurana, we streamline the patent filing process for both Indian and international clients— be they corporations, individual inventors, or law firms. Our comprehensive services cover both, domestic filings in India and international filings under the Paris Convention and the PCT route, ensuring that innovators can safeguard their inventions worldwide.

I. Patent Filing in India (Domestic Filing)

For applicants seeking protection in India, we handle filings before the four designated Indian Patent Offices: Delhi, Mumbai, Chennai, and Kolkata. The types of filings include:

• Ordinary Application: The initial application for an invention, complete with full specifications and claims.

• PCT National Phase Application in India: The transition of a PCT application into the Indian phase, which must be filed within 31 months of the priority date.

  
  

An Indian patent provides protection only within India. For securing rights beyond India, applicants must file separately in other jurisdictions through either the Paris Convention or the PCT route.

II. International Patent Filing – Extending Protection across Multiple Jurisdictions

For applicants seeking protection beyond a single country, there are two primary routes for international filings:

• Paris Convention Route (Convention Application)

  The Paris Convention allows applicants to file in any of the 180 member countries within 12 months of their first filing while retaining the same priority date. Each country examines the application separately based on its own patent laws.

  This route is suitable for those who already know where they need protection and are prepared to file directly in their target countries. Since patents are territorial, filing under the Paris Convention does not provide simultaneous protection in all countries; instead, applicants must choose specific jurisdictions where they wish to seek patent protection.

• Patent Cooperation Treaty (PCT) Route

  The PCT system simplifies international patent filings by allowing applicants to submit a single international application rather than filing directly in multiple countries at once. This application reserves rights in 158 PCT member countries for up to 30/31 months from the priority date. However, the PCT does not grant a global patent—applicants must eventually enter the national phase in each country where protection is sought.

A PCT International Application can be:

• Filed within 12 months of the Indian priority date, allowing applicants to secure an international filing date while deferring national filings.

• Filed directly with a Foreign Filing License as per Section 39 of the Indian Patent Act, if the invention is not first filed in India.

  
  

This route is advantageous for those who want to keep their options open, defer costs, and assess market potential before committing to specific jurisdictions.

Choosing Between the Paris Convention and the PCT Route

The decision between the two routes depends on factors such as cost, timing, and strategic objectives. The Paris Convention route requires direct filings in each country within 12 months, leading to earlier examination and prosecution. The PCT route provides additional time to evaluate commercial potential and defer national phase costs for up to 30/31 months.

Why Choose Khurana & Khurana?

With extensive experience in both domestic and international patent filings, we provide tailored solutions to help clients secure and manage their patent rights effectively. Our team is adept at drafting and filing PCT applications, Paris Convention applications, and assisting with global patent registration through WIPO. Our strong network of international partner patent attorneys enables us to manage national phase filings and Paris Convention applications in key jurisdictions—including the USA, EU, China, Japan, Korea, and beyond. This collaborative approach ensures cost-effective and efficient patent prosecution, with timely responses to office actions, thereby maintaining your patents at the highest standards worldwide.

Our team ensures a seamless and hassle-free filing process for corporations, individual inventors, and law firms, handling filings with efficiency, precision, and strict adherence to deadlines.

📩 For expert guidance on patent filing strategies, reach out to us today.

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Patent Filing in India - Requirements and Timeline