By Anuj Singh | Updated March 2026
What Is International IP Filing?
International IP filing refers to the use of centralised treaty systems — primarily the Madrid Protocol for trademarks and the Patent Cooperation Treaty (PCT) for patents — to secure intellectual property protection across multiple countries through a single application. Both systems are administered by the World Intellectual Property Organization (WIPO) in Geneva and offer foreign companies a streamlined alternative to filing separate national applications in each country.
India joined the PCT on December 7, 1998 (the 98th member state) and the Madrid Protocol on July 8, 2013. This means that foreign companies can designate India in their international applications, and Indian companies can use these systems to protect their IP abroad — both routes are critical for cross-border business. As of 2025, the Madrid System covers 131 countries across 115 members, while the PCT has 158 Contracting States.
For foreign companies entering India, these treaties provide two distinct advantages: you can file for Indian protection from your home country without engaging Indian agents at the initial stage, and you gain additional time to assess the Indian market before committing to full national prosecution costs.
Legal Basis
- Madrid Protocol (Protocol Relating to the Madrid Agreement, 1989) — India acceded on July 8, 2013. Implemented domestically through Section 36A-36G of the Trade Marks Act, 1999 (inserted by the Trade Marks (Amendment) Act, 2010) and the Trade Marks (Amendment) Rules, 2017.
- Patent Cooperation Treaty (1970) — India acceded on September 7, 1998, effective December 7, 1998. Implemented through Chapter IIA (Sections 7A and 7B) of the Patents Act, 1970 and Chapter III-A of the Patent Rules, 2003.
- Paris Convention for the Protection of Industrial Property (1883) — India is a member since 1998. Provides the alternative "direct filing" route with a 6-month priority period for trademarks and 12 months for patents.
- WIPO Administration — Both systems are centrally managed by WIPO's International Bureau in Geneva, which maintains the International Register for trademarks and acts as the receiving office for PCT applications.
Madrid System for International Trademarks
The Madrid System allows a trademark owner to file a single international application in one language, pay one set of fees, and designate protection in any combination of member countries. India follows the individual fee system (as opposed to the complementary fee system), meaning each designated country sets its own fee.
How It Works: Filing from India
- Basic mark requirement — The applicant must have a pending or registered Indian trademark (the "basic mark") that is identical to the international application in terms of the mark, goods/services, and applicant details.
- File Form MM2 — Submit electronically through the Indian Trade Marks Registry. The Registry charges a handling fee of INR 5,000.
- Certification and forwarding — The Indian Registry verifies correspondence with the basic mark and forwards the application to WIPO.
- WIPO formal review — WIPO reviews the application for formalities (allows 3 months for corrections) and records the mark in the International Register.
- Designated country examination — Each designated country examines the mark under its domestic law within its prescribed refusal period.
- Protection or refusal — If no provisional refusal is issued within the prescribed period, protection is deemed granted.
How It Works: Designating India
When a foreign applicant designates India in a Madrid application, the Indian Trade Marks Office has 18 months from the date WIPO notifies India to issue a provisional refusal. If no refusal is communicated within this period, protection is deemed granted. If a refusal is issued, the applicant must appoint an Indian agent to respond — the same objection and opposition procedures apply as for national filings.
Madrid System Fees
| Fee Component | Amount | Currency |
|---|---|---|
| WIPO basic fee (black & white mark) | 653 | CHF |
| WIPO basic fee (colour mark) | 903 | CHF |
| Supplementary fee per class beyond 3 (complementary fee countries) | 100 | CHF |
| India individual fee (per class, initial designation) | 93 | CHF |
| India individual fee (per class, renewal) | 93 | CHF |
| Indian Registry handling fee (filing from India) | 5,000 | INR |
For example, designating India alone for a black-and-white mark in 2 classes costs 653 + (93 x 2) = 839 CHF (approximately INR 78,000 at current rates). The international registration is valid for 10 years and can be renewed centrally through WIPO.
The Central Attack Risk
During the first 5 years, the international registration remains dependent on the basic mark in the country of origin. If the Indian basic mark is refused, withdrawn, or cancelled within this period, the international registration is affected to the same extent — this is known as "central attack." After 5 years, the international registration becomes independent. Applicants can convert an affected international designation into national applications in each designated country ("transformation"), preserving the original filing date.
PCT for International Patents
The PCT does not grant "international patents" — no such thing exists. Instead, it provides a unified filing and preliminary examination procedure that delays the expensive national phase entry by up to 30-31 months from the priority date, giving applicants time to assess commercial viability and refine their claims.
How It Works: Filing from India
- File international application — Submit through the Indian Patent Office (IPO) as the receiving office. The IPO was designated as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) on October 15, 2013.
- International search — The ISA conducts a prior art search and issues an International Search Report (ISR) and Written Opinion within 3-4 months.
- International publication — The application is published by WIPO 18 months after the priority date.
- Optional Chapter II examination — The applicant can request an International Preliminary Examination for a more detailed patentability assessment.
- National phase entry — The applicant enters the national phase in each desired country within 30 months (31 months in India) of the priority date, filing translations, paying national fees, and beginning prosecution.
How It Works: Entering India via PCT
A foreign applicant who has filed a PCT application can enter the Indian national phase within 31 months from the earliest priority date. The applicant files Form 1A with the Indian Patent Office along with a complete specification in English, claims, an abstract, and the required fees. If the IPO was not the ISA, the applicant must also file a verified translation. Once in the national phase, the application follows the same examination procedure as a direct Indian filing — Request for Examination (Form 18) must be filed within 31 months, examination proceeds, and the 20-year term runs from the international filing date.
PCT Fees (Filing Through India as Receiving Office)
| Fee Component | Natural Persons / Startups | Large Entities |
|---|---|---|
| Indian transmittal fee | INR 1,600 | INR 8,000 |
| WIPO international filing fee (up to 30 pages) | 1,435 CHF (reduced by 90% for qualifying applicants) | 1,435 CHF |
| Additional pages beyond 30 | 16 CHF per page | 16 CHF per page |
| E-filing discount | 100-300 CHF reduction | 100-300 CHF reduction |
| ISR fee (India as ISA) | INR 10,000 | INR 50,000 |
| India national phase entry fee | INR 1,600 | INR 8,000 |
Applicants from developing countries (including India) qualify for a 90% reduction in the international filing fee and handling fee — reducing the WIPO fee from 1,435 CHF to approximately 144 CHF. This makes the PCT route extremely cost-effective for Indian startups filing abroad.
Madrid vs National Filing: When to Use Which
| Factor | Madrid Protocol | National Filing (Direct) |
|---|---|---|
| Best for | Protection in 3+ countries simultaneously | 1-2 specific countries, or complex prosecution |
| Initial cost | Lower (single filing fee + individual fees) | Higher (separate agents, filings, translations per country) |
| Dependency risk | Yes — 5-year central attack period | No — each filing is independent |
| Flexibility of specification | Limited — must match basic mark exactly | Full — can tailor specification per country |
| Adding countries later | Easy — subsequent designation at any time | Requires new filing with fresh priority |
| Local agent required | Only if objections arise | Required from filing stage in most countries |
| Renewal | Centralised through WIPO (10 years) | Separate renewal in each country |
| Timeline (India designation) | 18 months for India to accept/refuse | 12-18 months for national registration |
PCT vs Paris Convention for Patents
| Factor | PCT Route | Paris Convention (Direct Filing) |
|---|---|---|
| Priority period | 30-31 months from priority date | 12 months from priority date |
| Upfront cost | Higher (international fees + ISR) | Lower per country, but multiplied across countries |
| Prior art assessment | Yes — ISR and Written Opinion before national phase | No centralised search — each country conducts its own |
| Time to decide | 30+ months to evaluate commercial potential | 12 months — must commit quickly |
| Claim flexibility (India) | Restricted — claims locked from PCT filing | Full — can file different claims than priority application |
| Best for | Filing in 4+ countries; uncertain commercial potential | Filing in 1-3 specific countries; clear market strategy |
| Number of member countries | 158 | 179 |
How This Affects Foreign Investors in India
India as a Designated Country (Filing from Abroad)
Foreign companies can designate India in both Madrid (trademarks) and PCT (patents) applications. This is the most cost-effective way to extend IP protection to India without engaging Indian agents at the outset. Key advantages include the extended timeline (18 months for Madrid examination, 31 months for PCT national phase entry) and centralised fee payment through WIPO. However, once India issues an objection or the national phase begins, you will need an Indian IP agent with a digital signature certificate for prosecution.
India as the Country of Origin (Filing Abroad)
Indian subsidiaries of foreign companies can use the Madrid System and PCT to protect their India-developed IP globally. This is particularly relevant for R&D centres, software development arms, and manufacturing subsidiaries that generate IP in India. Under Section 39 of the Patents Act, an Indian resident must obtain written permission from the Controller before filing a patent application outside India unless an Indian application has already been filed and 6 weeks have elapsed.
Strategic Considerations for Foreign Companies
For a foreign company setting up a wholly-owned subsidiary in India, the recommended approach is to: (1) file trademarks through Madrid designating India, covering all relevant NICE classes, (2) use the PCT route for any patents needed in India, entering national phase strategically at month 30-31, and (3) register core designs directly in India (the Hague System for designs is not yet available in India). Coordinate with transfer pricing advisors when licensing the parent company's IP to the Indian subsidiary, as royalty rates must be at arm's length under Section 92 of the Income Tax Act.
Common Mistakes
- Filing a Madrid application before the Indian basic mark is secure. If your Indian trademark application faces objections or opposition during the first 5 years, your entire international registration is at risk through central attack. Ensure the Indian basic mark is on solid ground before building an international portfolio on top of it.
- Missing the 31-month national phase deadline in India for PCT applications. Unlike some countries that offer grace periods or restoration mechanisms, India is strict — if you miss the 31-month window, your PCT application cannot enter the Indian national phase. Set calendar reminders at months 24, 28, and 30.
- Assuming Madrid protection equals national registration. A Madrid designation provides the same rights as a national registration, but the prosecution is different. Responses to provisional refusals require an Indian agent, evidence of use may need to be Indian-specific, and opposition proceedings follow Indian timelines. Do not treat it as a rubber-stamp exercise.
- Not designating India as ISA when filing PCT through India. Using the Indian Patent Office as the International Searching Authority costs INR 10,000-50,000 for the ISR (versus USD 2,000+ with the EPO or USPTO). This dramatically reduces the international phase cost and can accelerate prosecution in the Indian national phase.
- Ignoring Section 39 restrictions when filing patents abroad from India. If your Indian subsidiary develops patentable technology, the FEMA-regulated entity must file in India first or obtain Controller permission before filing abroad. Violation carries criminal penalties under Section 118 — imprisonment up to 2 years.
Practical Example
Meridian BioSciences Pte Ltd, a Singapore-based biotech company, develops a novel diagnostic device. The company wants IP protection in India, the US, Europe, Japan, and Australia.
Patent (PCT route): Meridian files a PCT application through the Singapore IP Office, designating all 158 PCT member states. The international filing fee is 1,435 CHF. The ISR from the Singapore IP Office costs approximately SGD 2,400. The ISR reveals 3 relevant prior art references but gives a positive written opinion on patentability. At month 28, Meridian decides to enter the national phase in 5 countries:
- India: Files Form 1A + specification + INR 8,000 national phase fee. Requests expedited examination. Total India cost: approximately INR 32,000 (filing + examination + early publication). Expected grant: 18 months.
- Other 4 countries: Enters national phase with country-specific fees and local agents.
Had Meridian used the Paris Convention (direct filing) instead, it would have needed to file in all 5 countries within 12 months, engaging local agents and paying full national fees upfront — an estimated total of USD 35,000-50,000 versus approximately USD 15,000 through the PCT route with selective national phase entry.
Trademark (Madrid route): Meridian files a Madrid application through Singapore, designating India, the US, EU, Japan, and Australia in 2 classes. Total WIPO fees: 653 CHF basic fee + individual fees for each country. India's individual fee is 93 CHF x 2 classes = 186 CHF. Total Madrid cost for all 5 designations: approximately 3,500 CHF (about SGD 5,200). The alternative — 5 separate national filings — would cost approximately SGD 15,000-25,000 in agent fees alone.
India examines the Madrid designation and grants protection within 16 months (no objections). Meridian's Indian subsidiary begins using the mark under a transfer pricing-compliant licence.
Key Takeaways
- The Madrid Protocol (131 countries) and PCT (158 countries) provide centralised international filing routes for trademarks and patents, administered by WIPO
- India has been a Madrid Protocol member since July 2013 and a PCT member since December 1998, with the Indian Patent Office serving as an ISA/IPEA since October 2013
- Madrid applications require an existing "basic mark" in the country of origin and carry a 5-year dependency (central attack) risk
- PCT applications delay national phase entry to 30-31 months from priority, providing time to evaluate markets before committing to country-specific costs
- India charges individual fees of 93 CHF per class under Madrid, and national phase entry fees of INR 1,600-8,000 under PCT
- For foreign companies entering India, designating India through these treaty systems is typically more cost-effective than direct national filing, especially when combined with other country designations
Considering international trademark or patent protection covering India? Beacon Filing assists with Madrid Protocol designations, PCT national phase entry in India, and coordination with WIPO filings.