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Seeking Foreign filing Application in India

Origiin IP Solutions > Blog  > Seeking Foreign filing Application in India

Seeking Foreign filing Application in India

The inventor can hire an attorney so that he can try to get the registration done in his best possible way from the Indian Patent Office.

Prerequisite for foreign filing- An inventor has be a resident of India.

Under following circumstanced foreign Filing permission can be availed:

  1. When the inventor does not wish to make a prior patent filing in India and seeks to directly file patent application in foreign countries.
  2. When the inventor has filed a patent application in India and before the expiry of six weeks seeks to file a foreign application.
  3. When no direction is given under sub-section (1) of section 35 concerning the application in India, or when all such direction have been revoked (i.e., the application is not relevant to defence purpose or atomic energy, and secrecy directions are not imposed).
  • Foreign filing license is not required after the expiry of six weeks from the date of filing the patent application in India.

When all these conditions are found satisfactory the inventor can apply for a foreign filing.

The application for seeking permission for a patent filing outside India has to be made in form 25.

Within 21 days of such request made at the patent office, the controller disposes the request, unless the invention relates to a defence purpose and in such cases where secrecy directions would be imposed.

Documents to be filed to obtain a foreign filing Licence:

  • Form 25.
  • Invention Disclosure Form.
  • Name and address of the inventor and or assignee.
  • Name of the countries, where the application would be filed.
  • Power of attorney forms.

 

  • Filing without seeking Prior permission is a punishable offence, followed by imprisonment or fine or both, also the patent application gets abandoned and if patent granted can be revoked.
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