Skip to main content

While PCT Application is a beneficial tool for patent applicants planning to obtain protection outside India, they ought to be careful in cases of filing first in India because if they don’t apply for permission to file outside India prior to the first PCT filing, they may be contravening section 39 of the Indian Patent Act.

Indian Patent law has come a long way since the Indian Patents and Designs Act was introduced for the first time in 1911 to protect the Intellectual Property of innovators in India. With globalisation of the Indian economy, the protection of intellectual property internationally has become an integral part of the overall business plan of Indian intellectual property owners. India became a signatory to the Paris Convention in 1998 and the Patent Cooperation Treaty (PCT) benefits also became available to applicants in India allowing filing of International Patent Applications or PCT applications as they are commonly known.

Authored by Neeti Wilson.

This article was published in Legal Era September 2014.

Read more

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
Jun 16, 2026

First published by Lexology. Authors: Pravin Anand and Dr. Neeti Wilson Introduction India’s biodiversity is one of its greatest strategic assets.

India’s Biodiversity Framework at a Crossroads: Industry Perspectives on the Biological Diversity Act and ABS Regulations, 2025
News & Updates, Thought Leadership
Jun 16, 2026

First published by Lexology. Authors: Sandhya Singh and Sampada Kapoor Introduction In today’s marketplace, consumers often identify products not

Protecting Colour as a Brand Asset: Lessons from the Exide-Amara Raja Decision
News & Updates, Thought Leadership
Jun 11, 2026

‘First published on Legal500’ By: Lakshmidevi Somanath The Supreme Court of India’s 2025 decision in K. Mangayarkarasi and Anr v. N. J. Sundaresan marks

Arbitrating Trademark Disputes Following Mangayarkarasi – The Extent of Contractual Reach into Public Law
Thought Leadership
May 30, 2026

‘First published on Enterprise IT World’ Author: Subroto Kumar Panda The defining question for every board of directors has changed. It is no longer,

From Blueprint to Battle-Ready: The CIO’s Executive Guide to Cyber Resilience