Global IP Filing
You are expanding into export markets, raising international capital, or licensing across borders, and your IP needs to cover the same map. IP rights are territorial: a patent granted in India protects only within India; a trademark registered at the Trade Marks Registry stops infringement only within India. Extending protection into foreign jurisdictions requires a separate filing strategy for each IP type. Intepat coordinates global IP filing across patents, trademarks, and industrial designs, managing India-side formalities and directing foreign associate networks in target jurisdictions.
Speak with our IP TeamWhen global IP filing is the right choice
International filing becomes commercially necessary when the IP owner sells, manufactures, licenses, or raises capital across more than one jurisdiction. Three triggers dominate:
Market entry.
A product entering the US, EU, or GCC markets needs local IP coverage before launch. A patent application gives a priority date that can be extended into those markets; a trademark registration blocks local squatting; a design registration prevents copying of product aesthetics. Filing after market entry leaves a window where competitors can register the mark or copy the design.
Investor or acquirer requirements.
Technology investors and strategic acquirers increasingly conduct IP due diligence before closing. A portfolio with only Indian protection, or with gaps in key markets, is a negotiating risk. Pre-round filing in the US, EU, and priority markets removes that vulnerability.
Licensing and contract manufacturing.
A licensor granting rights in a territory needs a registered title in that territory to grant. Contract manufacturing agreements where the manufacturer is in a different jurisdiction similarly require local design or patent coverage to be enforceable in the relevant market.
How global IP filing works
Each IP type uses a distinct international framework.
Patents.
The Patent Cooperation Treaty (PCT), administered by WIPO with over 150 contracting states, allows a single international application to defer national filings in all designated states. An Indian applicant files through the Indian Patent Office as Receiving Office. The application proceeds through an International Search Authority report and optional preliminary examination. National phase entry is required by 30 or 31 months from the earliest priority date. For India-resident applicants, Section 39 of the Patents Act, 1970 requires that the invention be first filed in India, or that a Foreign Filing Licence be obtained before filing abroad. Non-compliance risks abandonment under Section 40 and criminal liability under Section 118. The Paris Convention direct route also applies, giving a 12-month priority window from the Indian filing.
Trademarks.
The Madrid Protocol, administered by WIPO with over 130 member jurisdictions, allows a single international application based on an existing home application or registration to extend trademark protection into designated member countries. Each designated country examines the mark under its national law and issues a provisional refusal or grants protection within the applicable period, typically 12 to 18 months. The international registration is dependent on the home application or registration for the first five years; cancellation of the home mark in that window triggers cancellation of the international registration. For markets outside the Madrid System, national direct filing through local counsel is required.
Industrial designs.
The Hague System (Geneva Act), administered by WIPO, allows a single international design application to designate multiple member states. India is not a contracting party to the Hague Agreement. Indian applicants filing design protection in Hague member countries file through WIPO directly on the basis of nationality or commercial establishment in a contracting party, or use national direct filing routes in each target jurisdiction claiming Paris Convention priority within six months of the Indian priority date.
What Intepat handles in India
Intepat’s mandate covers all India-side steps prior to foreign associate handoff. For patents: Section 39 Foreign Filing Licence assessment, first-filing decision advice, Indian priority application, PCT application preparation, and Receiving Office management through international publication. For trademarks: preparing the home Indian application, filing the Madrid international application through the Trade Marks Registry as Office of origin, handling WIPO formality deficiencies, and monitoring the home mark through the five-year dependency period. For designs: preparing the Indian application and coordinating national filings in each target jurisdiction.
What foreign associates handle
National phase examination, substantive prosecution, and grant in each designated country are handled by qualified attorneys in those jurisdictions. Intepat coordinates the filing timeline and transmits prosecution documents but does not appear before foreign offices. In countries where the Hague System applies, the international registration generates national protection without a separate filing; in countries outside the system, country-specific associates handle national prosecution. Intepat maintains a vetted associate network in major jurisdictions and manages associate selection, instruction, and cost oversight.
Who this is for
Global IP filing is for technology companies, product manufacturers, and brand owners pursuing international expansion, investment, or licensing mandates. It is for Indian exporters entering the US, EU, GCC, or East Asian markets without local IP coverage. It is for foreign rights holders with Indian operations who need coordinated multi-country filing from a single India-based contact. It is for startups building an IP portfolio for Series A or later rounds where investor-facing markets require local registrations.
Related IP services
Global Patent Filing
Global Trademark Filing
Global Design Filing
Global IP Filing FAQs
Do Indian residents need any special permission before filing a patent abroad?
Yes. Section 39 of the Patents Act, 1970 requires that an inventor or applicant resident in India either file the invention first in India, or obtain a written Foreign Filing Licence from the Controller of Patents before filing abroad. The licence is ordinarily granted within 21 days of the request, extended where the invention touches defence or atomic energy subjects. Filing abroad without compliance exposes the application to abandonment under Section 40 and criminal liability under Section 118.
What is the PCT national phase deadline for India?
India's national phase deadline under the PCT is 31 months from the earliest priority date. Entry requires the filing of a complete specification and prescribed fees at the Indian Patent Office. The 31-month window applies to most designated states; confirming the deadline for each target country is part of the pre-filing work.
Can a trademark be registered internationally from India without a registered Indian mark?
Yes. A pending Indian trademark application is sufficient as the home basis for a Madrid international application; registration is not required before filing. The international application must be filed through the Trade Marks Registry of India as Office of origin. The international registration remains dependent on the home application for five years from the international registration date, so lapse or cancellation of the home application during that period will affect the international registration.
Does India's design protection system connect to the Hague System?
No. India is not a contracting party to the Hague Agreement. Design owners seeking protection in Hague member countries such as the US, EU, Japan, or South Korea file through WIPO directly based on nationality or establishment in a Hague contracting party, or through national direct filing in each target country. The Paris Convention priority right of six months from the Indian priority date applies and is used to claim priority in foreign national applications.
Who manages foreign prosecution once a global filing is underway?
Prosecution before each national or regional office is handled by qualified attorneys in those jurisdictions. Intepat coordinates the filing mandate, transmits documents and instructions to associates, and maintains timeline oversight. Clients deal with a single point of contact in India while Intepat manages the associate network across jurisdictions.
Outline Your Global IP Filing Requirements
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