Many inventors assume that once a patent is granted in India, their invention is protected worldwide—but that’s not how it works. Patent rights are territorial, which means your protection only applies within the country where it’s granted. If you plan to sell, license, or manufacture internationally, you need to think beyond borders and file in those markets too. This article breaks down how patent protection really works, and what steps you need to take to secure your rights globally.
1. Imagine this:
After months of sleepless nights, juggling product design, testing, revisions, and chasing your patent attorney, you finally get that golden email: “Your patent has been granted by the Indian Patent Office.”
You celebrate. Families proud. LinkedIn post gets 200+ likes. You’ve made it.
But then, a few months later, a friend visiting Dubai sees a similar product in a store. They call you up: “Hey! Isn’t this your patented invention?”
Your heart skips a beat.
You call your attorney in a panic and ask: “Wait… I patented this in India! How can they sell it abroad?”
That’s where the real story begins.
2. Let’s Clear the Fog: Patent Rights Are Not Global
Many first-time inventors or even seasoned entrepreneurs believe that once their patent is granted in one country (say India), the invention is automatically protected across the globe.
Unfortunately, that’s a myth.
Patent rights are territorial in nature, meaning they are only valid in the country where they are granted.
So, if you get a patent from the Indian Patent Office (IPO), your invention is protected only within India. Not in the US. Not in Germany. Not even in neighbouring Sri Lanka.
3. What Does Territoriality of Patents Mean?
Territoriality simply means:
“A patent granted by a country gives the patent holder exclusive rights only within the geographical boundaries of that country.”
So, if you have a patent granted in India, you can stop others from making, using, selling, or importing your invention within India (as per Section 48 of the Indian Patent Act, 1970).
But if someone is making or selling your invention in, say, Germany, and you don’t have a patent there, they’re not violating your rights.
4. Is There Any Way to Protect Your Invention Internationally?
Yes, but you have to plan it early and choose the right path based on your business goals and budget.
Here are the two main routes:
4.1 Convention Route (Paris Convention)
India is a member of the Paris Convention for the Protection of Industrial Property. This allows you to file in other member countries within 12 months of your Indian filing and claim the same priority date as your Indian application.
Time limit: 12 months from the date of first filing Countries: Choose specific ones individually Best for: Targeted protection in a few key countries
4.2 PCT Route (Patent Cooperation Treaty)
India is also part of the Patent Cooperation Treaty (PCT). The PCT lets you file a single international application, and then gives you up to 30 or 31 months from the priority date to decide which PCT member countries you want to pursue protection in.
Time limit: Up to 30/31 months to enter the national phase Covers: Over 150 countries Best for: Startups needing more time to evaluate markets or raise funding
5. Relevant Legal Reference – Indian Patent Act, 1970
Here are a couple of key legal pointers:
- Section 48: This section of the Indian Patent Act talks about the rights of the patent holder, essentially giving you exclusive rights to prevent others from making, using, offering for sale, selling, or importing the patented invention in India only.
- Section 133-135: These cover international arrangements, allowing the Indian Government to recognize foreign patents only under special reciprocity agreements, and even then, protection is not automatic.
6. What Happens if Someone Copies Your Invention Abroad?
If you didn’t file a patent there, and they’re manufacturing or selling it outside India, there’s not much you can legally do.
You can’t sue them for patent infringement in that country because you have no rights there.
Even if they start exporting the copied product back to India only then you can take action within India under your granted Indian patent.
7. So, What Should You Do as an Inventor?
Here’s the takeaway before you celebrate your patent grant and move on:
- Think of your business expansion goals: Where do you plan to manufacture, sell, or license your invention?
- File accordingly, either directly in those countries or through the PCT route.
- Talk to a patent attorney early in the process. They can help you with a smart filing strategy.
Because innovation without strategy can lead to a global market… without global protection.
8. Conclusion: Innovation Is Global, But Protection Isn’t, Unless You Make It So
Getting a patent in India is an amazing milestone, and it gives you powerful rights within the country.
But if your dreams are bigger, if you’re aiming for global markets, then you need to think beyond borders.
A single patent office stamp doesn’t build a wall around the world.
So, the next time someone tells you, “Don’t worry, it’s patented!” just smile and ask: “Where?”
At R.K. Dewan & Co., we believe that your ideas deserve the strongest patent protection in India, not only in the marketplace but within the legal framework as well. With over 83 years of legacy in Intellectual Property (IP) law, we offer tailored, end-to-end IP solutions to support startups, inventors, growing businesses, and multinational corporations.
Our services cover everything from Freedom to Operate (FTO) searches and patentability assessments to IP litigation and portfolio management. Whether you’re seeking to secure your patent rights in India or looking to expand globally, our experts assist with strategic international patent filing under the PCT and Paris Convention routes.
Partner with R.K. Dewan & Co. to protect, manage, and maximize the value of your innovations—both in India and worldwide.