International PCT Application Filing and Foreign Filing License (FFI)

International PCT Application Filing and Foreign Filing License (FFI). International patent filing involves either direct national filings in desired countries or using the Patent Cooperation Treaty (PCT). The PCT route allows for filing a single international application with a Receiving Office, which is then processed by a Search Authority and potentially examined by a Preliminary Examination Authority, followed by entry into the national phase in specific countries within a 30-month deadline, offering more time and flexibility than direct filings. 
Preliminary Steps
The following preliminary steps are mandatory before filing a national application.
Patentability search
The applicants must conduct thorough search to ensure their invention(s) is/are new, inventive, and has industrial applicability. 
Draft Patent Application
Prepare a detailed patent application, including description, claims, drawings and abstract describing the invention clearly. 
Establish Priority
The applicants must file an initial application in their home country. This establishes a "priority date" allowing them 12 months to file in other countries.
Choose Your Filing Strategy
After completing the first part, there are two main paths for international filing: 
Direct National Filings (Paris Convention)
File separate patent applications directly in the national patent offices of each country where you want protection within 12 months of your priority date. You can be simpler for filing in a few key countries. More cumbersome, expensive, and requires tracking multiple applications and deadlines in different jurisdictions. 
PCT International Application (Preferred Route)
This is a more unified and flexible approach managed by the World Intellectual Property Organization (WIPO).
Filing Procedure:

File PCT Application:File a single international application with a national Receiving Office (like the Indian Patent Office) or directly with the International Bureau of WIPO.

International Search & Report:The application undergoes an international search by an International Searching Authority (ISA).

International Publication:The application is published by WIPO after 18 months.

International Preliminary Examination (Optional):You can request an optional international preliminary examination for a more detailed patentability analysis.

National Phase Entry:Within 30 months from the priority date, you must enter the "national phase" in each desired country. This involves providing translations (if needed) and complying with the national patent office's requirements to pursue actual patent grants in those countries.

This system of filing provides more time (30 months) to decide which countries to pursue, saving costs and reducing risks. And it is a unified filing system, not a patent grant system; you still must enter the national phase in individual countries. 
Post-Application Activities

National Phase: After the 30-months deadline, your application enters the national phase in your selected countries, where it undergoes examination by national patent offices.

Patent Grants: If the national patent office(s) find your inventions patentable and you meet all requirements, they will grant a patent for that country.

The reason for filing the patent in a foreign country is as follows:

To protect national security, Indian Patent Office requires patent inventors to obtain a Foreign Filing License or a clearance before filing a patent application abroad.

The invention of the patent application may be considered as non-patentable in India.

The invention holds a low potential in the Indian market.

The chances for approving the patent application in India are less.

The inventor or application might desire to cater for the foreign market.

The inventor or applicant may be in coordination with different teams located globally.

Provisions for Obtaining International Patent License (IPL)
Section 39
Section 39 state that the residents will not apply for patents outside India without prior permission. Any person who is a resident in India will not apply for the grant of the patent for an invention outside India from the concerned authority or controller until the following conditions are satisfied. They are:

An application for a patent for the corresponding invention has been performed in India, which should not be less than six weeks for making the application outside India.

No direction is given under sub-section (1) of section 35 concerning the application in India, or all such directions have been revoked.

The controller can dispose of application in case the invention is relevant for defense purpose or atomic energy, the grant of permission from the central government is not approved. Section 39 is not applicable to an invention for an application filed for outside India by a person who is not a resident of India.
Rule 71
The following are the permission for performing patent application outside India following section 39.

The application for permission for making patent request outside India should be made in Form-25.

The period for which the controller disposes the request made under sub-rule (1), only in case of inventions representing defense and atomic energy applications should be filed in the course of twenty-one days from the date of requesting such application.

Form-25
The request must be made in Form 25. The IPO grants permission within twenty-one days from the date of application submitted. Permission will also be rejected by the Indian Patent Officer in case the invention relevant to the defense purpose and atomic energy.
Documents Required
The prescribed documents are required at the time of filing Foreign Filing License.

A description of the invention that sufficiently describes the inventive concept known to the applicant at the time of requesting FFL. Invention title along with drawings (if any) must be provided.

Form 25- Application for permission for performing patent license outside India.

Declaration of the invention, along with the foreign filing license (FFL) form.

Name and address of inventor’s who are resident in India.

Countries’ name in which the invention must be filed and the reason for making such an application.

Name and addresses of the assignee, if applicable.

The name of the country or countries in which the patent application is excepted to be filed after obtaining the foreign filing license from the Indian patent office.

Power of Attorney from the inventor’s or the applicant who are resident in India, where a patent attorney is appointed to describe them before the Indian Patent Office.

Form 28- In the event of the applicant is a small entity.

Procedure for Obtaining FFL
A foreign license can be obtained by the following the steps specified below: In case filing at Indian Patent Office, it is advisable that the application is accompanied by permission for foreign filing license under section 39.  Such permission will be provided or may be deferred after verifying the details of the invention. A foreign patent application can be filed in IPO as a receiving office in Patent Cooperation Treaty request form using PCT-SAFE software. After the permit of such permission, the Patent Office India will transmit the application to the International Bureau. Applicants must remit the prescribed transmittal fee in addition to the International Application fee and search fee.
Processing Time
In case of inventions not related to Atomic Energy: Twenty-one days from the date of filing of such request and from the date of receipt of consent from the Central Government.
Conclusion
Filing an international patent application is a crucial step for inventors and businesses aiming to safeguard their innovations beyond domestic borders. Whether through direct national filings under the Paris Convention or via the Patent Cooperation Treaty (PCT), applicants must carefully assess their business goals, market potential, and legal obligations before proceeding. The PCT system provides a cost-effective and time-efficient framework, offering up to 30 months to evaluate commercial viability and select countries strategically. Ultimately, international filing strengthens intellectual property protection, enhances competitiveness, and unlocks opportunities for innovation on a global scale. And for Indian residents, compliance with Section 39 of the Patents Act, 1970 and related rules is mandatory to obtain a Foreign Filing License (FFL) before filing abroad. The process, supported by Form-25 and essential documentation, ensures national security interests are preserved while enabling inventors to access global markets.

International patent filing involves either direct national filings in desired countries or using the Patent Cooperation Treaty (PCT). The PCT route allows for filing a single international application with a Receiving Office, which is then processed by a Search Authority and potentially examined by a Preliminary Examination Authority, followed by entry into the national phase in specific countries within a 30-month deadline, offering more time and flexibility than direct filings.

Preliminary Steps

The following preliminary steps are mandatory before filing a national application.

Patentability search

The applicants must conduct thorough search to ensure their invention(s) is/are new, inventive, and has industrial applicability.

Draft Patent Application

Prepare a detailed patent application, including description, claims, drawings and abstract describing the invention clearly.

Establish Priority

The applicants must file an initial application in their home country. This establishes a "priority date" allowing them 12 months to file in other countries.

Choose Your Filing Strategy

After completing the first part, there are two main paths for international filing:

Direct National Filings (Paris Convention)

File separate patent applications directly in the national patent offices of each country where you want protection within 12 months of your priority date. You can be simpler for filing in a few key countries. More cumbersome, expensive, and requires tracking multiple applications and deadlines in different jurisdictions.

PCT International Application (Preferred Route)

This is a more unified and flexible approach managed by the World Intellectual Property Organization (WIPO).

Filing Procedure:

File PCT Application:File a single international application with a national Receiving Office (like the Indian Patent Office) or directly with the International Bureau of WIPO.
International Search & Report:The application undergoes an international search by an International Searching Authority (ISA).
International Publication:The application is published by WIPO after 18 months.
International Preliminary Examination (Optional):You can request an optional international preliminary examination for a more detailed patentability analysis.
National Phase Entry:Within 30 months from the priority date, you must enter the "national phase" in each desired country. This involves providing translations (if needed) and complying with the national patent office's requirements to pursue actual patent grants in those countries.

Post-Application Activities

National Phase: After the 30-months deadline, your application enters the national phase in your selected countries, where it undergoes examination by national patent offices.
Patent Grants: If the national patent office(s) find your inventions patentable and you meet all requirements, they will grant a patent for that country.

The reason for filing the patent in a foreign country is as follows:

To protect national security, Indian Patent Office requires patent inventors to obtain a Foreign Filing License or a clearance before filing a patent application abroad.
The invention of the patent application may be considered as non-patentable in India.
The invention holds a low potential in the Indian market.
The chances for approving the patent application in India are less.
The inventor or application might desire to cater for the foreign market.
The inventor or applicant may be in coordination with different teams located globally.

Provisions for Obtaining International Patent License (IPL)

Section 39

Section 39 state that the residents will not apply for patents outside India without prior permission. Any person who is a resident in India will not apply for the grant of the patent for an invention outside India from the concerned authority or controller until the following conditions are satisfied. They are:

An application for a patent for the corresponding invention has been performed in India, which should not be less than six weeks for making the application outside India.
No direction is given under sub-section (1) of section 35 concerning the application in India, or all such directions have been revoked.

Rule 71

The following are the permission for performing patent application outside India following section 39.

The application for permission for making patent request outside India should be made in Form-25.
The period for which the controller disposes the request made under sub-rule (1), only in case of inventions representing defense and atomic energy applications should be filed in the course of twenty-one days from the date of requesting such application.

Form-25

The request must be made in Form 25. The IPO grants permission within twenty-one days from the date of application submitted. Permission will also be rejected by the Indian Patent Officer in case the invention relevant to the defense purpose and atomic energy.

Documents Required

The prescribed documents are required at the time of filing Foreign Filing License.

A description of the invention that sufficiently describes the inventive concept known to the applicant at the time of requesting FFL. Invention title along with drawings (if any) must be provided.
Form 25- Application for permission for performing patent license outside India.
Declaration of the invention, along with the foreign filing license (FFL) form.
Name and address of inventor’s who are resident in India.
Countries’ name in which the invention must be filed and the reason for making such an application.
Name and addresses of the assignee, if applicable.
The name of the country or countries in which the patent application is excepted to be filed after obtaining the foreign filing license from the Indian patent office.
Power of Attorney from the inventor’s or the applicant who are resident in India, where a patent attorney is appointed to describe them before the Indian Patent Office.
Form 28- In the event of the applicant is a small entity.

Procedure for Obtaining FFL

A foreign license can be obtained by the following the steps specified below: In case filing at Indian Patent Office, it is advisable that the application is accompanied by permission for foreign filing license under section 39. Such permission will be provided or may be deferred after verifying the details of the invention. A foreign patent application can be filed in IPO as a receiving office in Patent Cooperation Treaty request form using PCT-SAFE software. After the permit of such permission, the Patent Office India will transmit the application to the International Bureau. Applicants must remit the prescribed transmittal fee in addition to the International Application fee and search fee.

Processing Time

In case of inventions not related to Atomic Energy: Twenty-one days from the date of filing of such request and from the date of receipt of consent from the Central Government.

Conclusion

Filing an international patent application is a crucial step for inventors and businesses aiming to safeguard their innovations beyond domestic borders. Whether through direct national filings under the Paris Convention or via the Patent Cooperation Treaty (PCT), applicants must carefully assess their business goals, market potential, and legal obligations before proceeding. The PCT system provides a cost-effective and time-efficient framework, offering up to 30 months to evaluate commercial viability and select countries strategically. Ultimately, international filing strengthens intellectual property protection, enhances competitiveness, and unlocks opportunities for innovation on a global scale. And for Indian residents, compliance with Section 39 of the Patents Act, 1970 and related rules is mandatory to obtain a Foreign Filing License (FFL) before filing abroad. The process, supported by Form-25 and essential documentation, ensures national security interests are preserved while enabling inventors to access global markets.