indian patent office foreign filing license | foreign filing license requirement |foreign filing license pct application | foreign filing license requirements by country | foreign filing license provisional Section 39. Residents not to apply for patents outside India without prior permission- (1) No person resident in India shall, except under the authority of a written permit sought in the manner prescribed and granted by or on behalf of the Controller, make or cause to be made any application outside India for the grant of a patent for an invention unless— (a) an application for a patent for the same invention has been made in India, not less than six weeks before the application outside India; and (b) either no direction has been given under sub-section (1) of section 35 in relation to the application in India, or all such directions have been revoked. (2) The Controller shall dispose of every such application within such period as may be prescribed: Provided that if the invention is relevant for defence purpose or atomic energy, the Controller shall not grant permit without the prior consent of the Central Government. (3) This section shall not apply in relation to an invention for which an application for protection has first been filed in a country outside India by a person resident outside India. It is advisable to take the first step of filing a patent application in India before the Indian Patent Office. However, a company or an individual can choose to file a patent application directly under PCT route as an international application other than in India, or in any foreign country due to various grounds. The patent applicant may first file the patent application in the foreign country, for example USA due to market potential of the invention is in USA. In other case, the subject matter of the invention might be non-patentable in India or the patent inventor is based in other country but resident in India. In such situations, the patent applicant or patent inventors may require a Foreign Filing License (FFL) from the Indian Patent Office.

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Patent Foreign Filing License (FFL) Law India
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Foreign Filing License in India India Foreign Filing Permission
Foreign Filing License FFL Permission for Indian Patent Foreign License
Section 39 of the Indian Patent Act Obtaining Written Foreign Filing License FFL
PermitForeign Filing License FFL permit from the Indian
Patent Office Safeguard Patent Inventor from Criminal
Consequences under Section 118
Foreign Filing License FFL Permission in India| Patent Foreign
Filing License (FFL) Law India
Service Overview
As per Section 39 of the Indian Patent Act, an Indian Resident shall not apply for a foreign
patent for the grant of the patent without obtaining a written Foreign Filing License FFL permit
from the Indian Patent Office.
However, if the patent applicant has already filed a Patent in India, he may file a foreign patent
after 6 weeks from the date of Filing of Indian Patent Application.
Documents required for filing Foreign Filing License (FFL) before Indian Patent Office:
1. A brief description of the invention, title of the invention including drawings, if any has to
filed along with the Foreign Filing License(FFL) form.
2. Name and addresses of Inventor(s) who are ‘resident in India’
3. Name of the countries in which the invention would be filed and reason for making such
application
4. Name and addresses of assignee, if any
5.The name of the country/countries in which the patent application is expected to be filed after
obtaining the Foreign Filing License (FFL) from Indian Patent Office
6. Power of Attorney from the inventor(s) or the patent applicant who are resident in India,
where a patent agent/patent attorney is appointed to represent them before the Indian Patent
Office.
It is advisable to take the first step of filing a patent application in India before the Indian Patent
Office. However, a company or an individual can choose to file a patent application directly
under PCT route as an international application other than in India, or in any foreign country
due to various grounds. The patent applicant may first file the patent application in the foreign
country, for example USA due to market potential of the invention is in USA. In other case, the
subject matter of the invention might be non-patentable in India or the patent inventor is based
in other country but resident in India. In such situations, the patent applicant or patent inventors
may require a Foreign Filing License (FFL) from the Indian Patent Office.
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