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No, patenting is a matter that falls within the domestic jurisdiction of a State. However, Article 27 of the WTO TRIPS agreement establishes ‘international minimum standard in patent protection.’ Paris Convention on protection of Industrial Property, 1883 confers on all the Applicants irrespective of Nationality, among other things (a) a right to national treatment; (b) right of priority.


Patent Co-operation Treaty (PCT) facilitates filing of a single application that can be deemed as an application for all member states of PCT. National application in India has to be filed within 31 months of PCT Application. Grant of Patent in pursuant of the PCT National Phase Application is still left to the discretion of Local Patent Office.


International filings have to be made within 12 months of the filing of the Domestic Application.


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