Rules 17 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Chapter III of the Patents Rules, 2003 deals with international applications under the Patent Cooperation Treaty (PCT). Rule 17 defines the terms used in the Chapter, rule 18 says which office acts as receiving, designated and elected office, and rule 19 sets out how an international application is filed with the appropriate office as receiving office, in what language, in how many copies and on what fees.
The receiving office, designated office and elected office for international applications is the appropriate office under rule 4 (rule 18(1)); the Delhi branch deals with the International Bureau and other authorities (rule 18(2)). On receipt, the office keeps a home copy, sends a record copy to the International Bureau and a search copy to the competent International Searching Authority. An international application is filed in triplicate in English or Hindi (rule 19(1)), with fees under the First Schedule and the Fifth Schedule (rule 19(2)).
Rule 17: definitions for Chapter III
If you are planning an international filing, our patent drafting and filing service can prepare the international application and check the Indian steps that go with it.
Rule 17 begins "In this Chapter, unless the context otherwise requires". The definitions are:
| Clause | Term | Meaning |
|---|---|---|
| (a) | "Article" | An Article of the Treaty |
| (aa) | "Examining Authority" | The Indian International Preliminary Examining Authority referred to in sub-rule (1) of rule 19F |
| (ab) | "International Bureau" | The International Bureau of the World Intellectual Property Organisation |
| (ac) | "Searching Authority" | The Indian International Searching Authority referred to in sub-rule (1) of rule 19A |
| (b) | "Treaty" or "PCT" | The Patent Cooperation Treaty |
| (c) | Other words | Words defined in the PCT but not here have the same meaning as in the Treaty |
These definitions apply to the whole of Chapter III, which includes the articles on the Indian International Searching Authority and the preliminary examining authority. For the Act side, see our article on section 2 (Convention, PCT, priority date and interpretation).
Rule 18: the appropriate office for international applications
Sub-rule (1): receiving, designated and elected office
The receiving office, the designated office and the elected office, as the case may be, for the purposes of international applications shall be the appropriate office referred to in rule 4. The choice of office therefore follows the territorial test described in our article on rules 3 and 4.
Sub-rule (2): Delhi branch for dealings with international bodies
Notwithstanding sub-rule (1), the Patent Office, Delhi branch shall be the appropriate office for dealing with the International Bureau and any other International Searching Authority and International Preliminary Examining Authority.
Sub-rule (3): filed at and processed by the appropriate office
An international application shall be filed at and processed by the appropriate office referred to in sub-rule (1), in accordance with Chapter III, the Treaty and the regulations under the Treaty.
Sub-rule (4): three copies on receipt
On receipt of an international application, the appropriate office shall:
- (a) keep one copy, called the "home copy", in its office;
- (b) transmit one copy, called the "record copy", to the International Bureau; and
- (c) transmit one copy, called the "search copy", to the competent International Searching Authority referred to in Article 16 of the Treaty,
and simultaneously furnish complete details of the application to the Patent Office, Delhi branch.
If you are weighing the PCT route against a direct national filing, our guide on the PCT route for international patent applications gives the overview.
Rule 19: filing with the appropriate office as receiving office
Sub-rule (1): triplicate, in English or Hindi
An international application shall be filed with the appropriate office in triplicate either in English or Hindi language.
Sub-rule (2): fees
The fees payable in respect of an international application shall, in addition to the fees specified in the regulations under the Treaty, be the fees as specified in the First Schedule and the Fifth Schedule. The Fifth Schedule (the Indian Searching and Preliminary Examining Authority's fees) is named in the contents of the Rules but is not printed in the sources used for this series, so no amount from it is stated here. For the First Schedule, see the table below.
Sub-rule (3): copies prepared by the office
Where an international application has not been filed in triplicate, the appropriate office shall, upon payment of the fees specified in the First Schedule, prepare the required additional copies.
Sub-rule (4): certified copy of the priority document
On receipt of a request from the applicant and on payment of the fees specified in the First Schedule, the appropriate office shall prepare a certified copy of the priority document and promptly transmit it to the International Bureau, and intimate the applicant and the Patent Office, Delhi branch.
The First Schedule heads for international applications
As per the First Schedule as substituted in 2024, Table I carries four heads that relate to Chapter III. The four amount columns are: natural person, startup, small entity or educational institution in e-filing; others in e-filing; the same two applicant groups in physical filing.
| Entry | Head | Natural person, startup, small entity or educational institution (e-filing) | Others (e-filing) | Physical filing (same two groups) |
|---|---|---|---|---|
| 50 | Transmittal fee for international application | 3200 | 16000 | 3500 and 17600 |
| 51 | Transmittal fee for international application (for ePCT filing) | No fee | No fee | Not applicable |
| 52 | Preparation of certified copy of priority document and transmission to the International Bureau of WIPO | 1000 | 5000 | 1100 and 5500 |
| 53 | Preparation of certified copy of priority document and e-transmission through WIPO DAS | No fee | No fee | Not applicable |
Entry 52 is expressed as the amount "up to 30 pages and, thereafter" an additional amount for each extra page; read the table itself for the per-page figure. Our article on rule 7 explains the columns and the physical-mode addition.
A worked example
Orbit Sensors Pvt Ltd, based in a city served by one branch of the Patent Office, files an international application in India. It files in triplicate in English (rule 19(1)). The branch is the receiving office because it is the appropriate office under rule 4. On receipt it keeps the home copy, sends the record copy to the International Bureau and the search copy to the competent International Searching Authority, and tells the Delhi branch (rule 18(4)). The applicant pays the transmittal fee under entry 50 of the First Schedule, along with the fees in the Treaty regulations and the Fifth Schedule.
If Orbit had filed only one copy, the office would prepare the extra copies on payment of the fee (rule 19(3)). If Orbit later asks for a certified copy of its priority document to go to WIPO, rule 19(4) applies and entry 52 or entry 53 (through WIPO DAS) is the relevant fee head.
How this connects to the national phase
An international application designating India later enters the Indian national phase under rule 20; see our article on rule 20 and our guide on PCT national phase entry in India. The Act-side basis for Convention and PCT applications is in our articles on section 135 and section 7 (form of application).
Need help with an international application?
International filings combine Indian rules, Treaty regulations and fee heads in two Schedules. If you would like a PCT filing prepared and checked end to end, you can talk to us about patent drafting and filing.
Key takeaways
- Rule 17 defines Article, Examining Authority, International Bureau, Searching Authority and Treaty for Chapter III.
- The appropriate office under rule 4 is the receiving, designated and elected office; the Delhi branch deals with the International Bureau and other authorities.
- On receipt the office keeps a home copy and sends the record copy and the search copy.
- An international application is filed in triplicate in English or Hindi.
- Fees come from the Treaty regulations, the First Schedule (entries 50 to 53) and the Fifth Schedule, which is not in the sources consulted.
- Check amendments after the Second Amendment Rules, 2024.
Read next
- Rules 19A to 19E: Indian International Searching Authority and search report
- Rule 20: national phase applications designating or electing India
- PCT route for filing international patent applications
- Patent Cooperation Treaty: national phase entry in India
Disclaimer: Based on the Patents Rules, 2003 as consolidated up to 21 September 2021 and as amended by the Patents (Amendment) Rules, 2024 and the Patents (Second Amendment) Rules, 2024, as consulted on 2 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.