Economic, Commercial and Intellectual Property Laws · Law relating to Patents

International Arrangements and PCT under the Patents Act

Updated 11 October 2026 · Fact-checked

International arrangements protect one invention in many countries. A convention application claims the basic application's date if filed in India within twelve months (section 135). A PCT application designating India is deemed an Indian application if a corresponding application is filed before the Controller (section 7(1A)); its filing date is the international filing date (sections 7(1B), 138(5)).

Understand International Arrangements and PCT

A patent is a national right. A patent granted in India does not protect you in another country. So an inventor who wants wide protection must apply in each country. International arrangements make this easier.

The first arrangement is the convention route. Where a person has made a basic application in a convention country, and that person, or the legal representative or assignee, applies in India within twelve months of the basic application, the priority date of a claim based on matter disclosed in the basic application is the date of the basic application (section 135(1)). If similar applications were made in two or more convention countries, the twelve months run from the earliest one. Cognate inventions, or one a modification of another, can be covered by a single convention application within twelve months of the earliest application (section 135(2)).

The second arrangement is the Patent Cooperation Treaty (PCT). You file one international application and designate the countries you want, including India. An international application designating India is deemed to be an application under the Act if a corresponding application has also been filed before the Controller in India (section 7(1A)). Its filing date is the international filing date accorded under the PCT (sections 7(1B) and 138(5)).

The title, description, claims, abstract and drawings in the international application are taken as the complete specification (section 138(4)). The application is treated as filed under section 7, section 54 and section 135, as the case may be. Amendments proposed before the international searching authority or preliminary examination authority are taken as made before the Indian patent office, if the applicant so desires (section 138(6)).

Two more points matter. The term of a patent on a PCT application designating India is twenty years from the international filing date (explanation to section 53(1)). And for convention applications, the Controller may require copies of foreign specifications and, if in a foreign language, an English translation verified by affidavit or otherwise (section 138(1) and (2)).

Key rules to remember

Convention priority period: Indian application within 12 months of basic application → priority date = date of basic application; Section 135(1). With several convention countries, count from the earliest application. Priority applies to claims based on matter disclosed in the basic application.
Who may file in India: Person who made basic application, or legal representative, or assignee; Section 135(1).
Single application for cognate inventions: Cognate or modified inventions → one convention application within 12 months of the earliest; Section 135(2), subject to section 10. Fee is as if separate applications were made.
PCT filing date: Filing date in India = international filing date under PCT; Sections 7(1B) and 138(5).
PCT specification: Title + description + claims + abstract + drawings (if any) = complete specification; Section 138(4).
Term on PCT application: Term = 20 years from international filing date; Explanation to section 53(1). For ordinary applications the term is 20 years from the date of filing.
Proof of convention date: Convention-country filing date = date the Controller accepts on certificate of head of that patent office or otherwise; Section 138(3).
Provisional and complete specification (non-convention, non-PCT): Complete specification within 12 months of filing, else application deemed abandoned; Section 9(1). It does not apply to convention or PCT applications.

How to solve International Arrangements and PCT questions

Use this method for any question on convention or PCT applications. Keep each answer in the order provision, facts, conclusion.

1Identify the route: convention application (section 135) or PCT international application designating India (sections 7(1A), 138(4)-(6)).
2Note the key dates: date of the basic application, or the international filing date, and the date of the Indian filing.
3For convention cases, check the twelve-month limit. Count from the earliest basic application if there are several.
4State the consequence: the priority date, or the filing date being the international filing date.
5Check who is applying: the original applicant, legal representative or assignee. For an assignee, proof of right is needed (section 7(2)).
6Add supporting requirements if relevant: copies of foreign documents, English translation, certificate of the foreign filing date (section 138).
7Work out the term if asked: twenty years from the international filing date for PCT cases.
8Write a clear conclusion that answers the exact question asked.

Quickest way: Date-and-route check

When to use it: Use this for short-note and fact-based questions when time is tight.

Write the route in one line: convention or PCT.
Write the anchor date: basic application date, or international filing date.
Apply the rule: 12 months for convention priority; international filing date as filing date for PCT.
Cite the sections: 135 for convention, 7(1A), 7(1B), 138 for PCT, 53 for term.
Finish with a one-line conclusion.

Common mistakes in International Arrangements and PCT

Saying the priority period is 18 months or 6 months.
Students mix up the periods from different laws and treaties.
Fix: Use only the Act's text: twelve months from the basic application, as in section 135(1).
Counting twelve months from the latest foreign application.
Students ignore the Explanation to section 135(1).
Fix: Where applications were made in two or more convention countries, count from the earlier or earliest.
Treating the Indian filing date of a PCT application as the date of entry into India.
Students think only of the Indian office's date.
Fix: The filing date is the international filing date accorded under the PCT (sections 7(1B), 138(5)).
Computing the 20-year term from the Indian filing date for a PCT case.
Students remember only the general rule in section 53(1).
Fix: For PCT applications designating India, the term runs from the international filing date (explanation to section 53(1)).
Applying section 9 provisional-complete rules to convention or PCT applications.
Students learn section 9 as a general rule.
Fix: Section 9(1) excludes convention and PCT applications. Section 7(4) likewise does not require a provisional or complete specification with them.
Forgetting the translation requirement.
Students focus on dates and skip supporting documents.
Fix: If a foreign specification or document is in a foreign language, an English translation verified by affidavit or otherwise is furnished when the Controller requires (section 138(2)).

Worked examples

Example 1

Meera, an Indian inventor, files a patent application for a device in a convention country on 10 March. She files an application in India for the same invention on 5 January of the next year. What is the priority date of Meera's claims based on the basic application?

Show the solution

Provision: under section 135(1), if a person who made a basic application in a convention country applies in India within twelve months, the priority date of a claim based on matter in the basic application is the date of the basic application.
Facts: the basic application was made on 10 March. Twelve months end on 9 March of the next year. Meera applied in India on 5 January of the next year, which is within twelve months.
Analysis: since the Indian application is in time, the claims based on matter disclosed in the basic application get 10 March as the priority date.
Conclusion: the priority date is 10 March.

Answer: Meera's priority date for claims based on the basic application is 10 March, as she filed in India within twelve months (section 135(1)).

Example 2

A company files an international application under the PCT designating India on 15 July 2024. Explain how the Patents Act treats this application, and state from when the patent term would run if a patent is granted.

Show the solution

Provision: section 7(1A) deems an international application designating India to be an application under the Act if a corresponding application has also been filed before the Controller in India.
Section 138(4): the application has effect as an application under sections 7, 54 and 135, as the case may be. Its title, description, claims, abstract and drawings are taken as the complete specification.
Section 138(5) and 7(1B): the filing date is the international filing date accorded under the PCT, here 15 July 2024.
Section 138(6): amendments made before the international searching or preliminary examination authority are taken as made before the patent office, if the applicant so desires.
Term: the explanation to section 53(1) gives twenty years from the international filing date.
Conclusion: the term would run for twenty years from 15 July 2024, i.e. up to 14 July 2044, subject to renewal fees being paid under section 53(2).

Answer: The application is treated as an Indian application with 15 July 2024 as its filing date, and its term is twenty years from that date, subject to timely payment of renewal fees.

Exam tips

Learn the section map: 135 convention priority, 138 supplementary provisions and PCT effect, 7(1A) and 7(1B) deemed application, 53 term.
In short notes, always give the twelve-month rule and the Explanation about the earliest application.
For PCT questions, write three points: deemed application, international filing date as filing date, and specification taken from the international application.
Use the word 'convention country' and 'basic application' exactly as in the Act.
Close every answer with a clear conclusion that names the date or term asked for.

Practice questions from Law relating to Patents

International Arrangements and PCT: frequently asked questions

What is the priority period for a convention application in India?

It is twelve months from the date of the basic application made in a convention country. Where applications were made in two or more convention countries, the period runs from the earliest of them (section 135(1)).

What is the filing date of a PCT application designating India?

It is the international filing date accorded under the Patent Cooperation Treaty (sections 7(1B) and 138(5)). The application is deemed an Indian application if a corresponding application has also been filed before the Controller in India (section 7(1A)).

Does a PCT application need a provisional specification?

Section 7(4) requires a provisional or complete specification for applications other than convention applications or PCT applications designating India. For PCT applications, the title, description, claims, abstract and drawings of the international application are taken as the complete specification (section 138(4)).

How long does a patent on a PCT application last?

Twenty years from the international filing date accorded under the PCT (explanation to section 53(1)). The patent can cease earlier if renewal fees are not paid within the prescribed period (section 53(2)).