In August, 1998 India joined the Patent Cooperation Treaty (PCT) by acceding to the Paris Convention on Intellectual Property. The Paris Convention, a treaty more than 100 years old, offers a 12 month grace period for an inventor to file a patent application in other member countries after filing in the home country. The PCT extends the benefits of the Paris Convention by allowing an inventor to file an "international patent application," which has the effect of filing a separate patent application in each of the PCT member countries designated by the inventor. This application does not mature into an international patent but rather extends the grace period up to 30 months for an inventor to take further action to obtain a patent in each PCT member country where one is desired. The PCT serves to simplify and make more economical the patenting process in foreign countries and facilitate the availability of technical information in member countries. Most members of the Paris Convention are also members of the PCT. [1]

India's current patent policies have received little international support and have recently come under attack. Patenting in India is a lengthy process which lags behind that of other world nations. The average processing time for a patent in India is 4 years from the date of filing, followed by another year for the granting of a patent once accepted. This compares unfavorably with a 2-3 year processing time in the United States and even a matter of weeks in Australia. Additionally, in January, 1998 the World Trade Organization (WTO) formally requested that India change its patent laws for pharmaceutical and agro-chemical products to comply with international agreements.[2] India's 1970 Patents Act recognizes process patents but not product patents for pharmaceuticals and grants drug patents for only a 7-year duration. Often this short duration is not long enough for a new drug to be brought to market. India has 15 months from February, 1998 to amend its patent laws or else face possible sanctions such as the suspension of U.S. tariff reductions.

India was not required to make the changes to its 1970 Patents Act in order to join the PCT; however, this move is one step towards complying with international patent standards. Indian Industry Minister, Sikander Bakht, believes that this action will help promote innovation and creativity in India. "India will integrate with the world economy and provide necessary support to its scientists. We would like our scientists to seek global protection of their intellectual property," Bakht said.

[1]Patent Cooperation Treaty, June 19, 1970, amended Oct. 2, 1979, modified Feb. 3, 1984, World Intellectual Property Organization Publication No. 274(E).
[2]WTO tells India to amend patent laws, THE HINDU (Jan. 18, 1998) [http://www.webpage.com/hindu/daily/980118/01/01180006.htm].