Guide of Patent Protection

WIPO (World Intellectual Property Organisation) has recognized the Indian Patent Office as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the Patent Cooperation Treaty (PCT).

The recognition as an ISA and IPEA would be beneficial for India in several ways. International applications received by the WIPO under the PCT route sent to India for search and preliminary examination would generate revenues in the form of fees usually paid to ISA and IPEA. The new status would allow Indian companies and inventors to avail patentability search and obtain International Preliminary Examination report (IPER) and written opinions on a much faster and cheaper way.

India is the only English speaking country in the Asian region to be recognised as an ISA and IPEA. Austrian Patent Office, Australian Patent Office, Canadian Intellectual Property Office, State Intellectual Property Office of the People’s Republic of China, European Patent Office, Spanish Patent and Trademark Office, National Board of Patents and Registration of Finland, Japan Patent Office, Korean Intellectual Property Office, Federal Service for Intellectual Property, Patents and Trademarks (Russian Federation), Swedish Patent and Registration Office and United States Patent and Trademark Office (USPTO) are currently recognised as International Searching Authority by WIPO.

* WIPO (World Intellectual Property Organization) is a wing of the United Nations for developing international intellectual property system. Its headquarters is in Geneva of Switzerland. Patent Co-operation Treaty (PCT) is a sister treaty of the Paris Convention administered by the World Intellectual Property Organisation (WIPO). The PCT system facilitates filing of patent applications under a single umbrella and provides for simplified procedure for the search and examination of such applications. This allows a resident or national of a PCT member state to obtain the effect of patent filings in any or all of the PCT countries and to defer the bulk of filing costs usually due on filing.