An Indian Resident cannot file an application for a foreign
patent unless he obtains a foreign filing license from the Indian
Patent Office or first files an Indian patent application and waits
for 6 weeks before he can file the application.
Penalties: Imprisonment or fine or both.
The Indian Patent Office only objects to defense or atomic
energy related inventions and usually grants Foreign Filing License
in 10-15 days from the date of filing Request and maximum 21 days
if all documents are complete.
The filing requirements for filing request for Foreign Filing
License are as follows:
Title of the invention.
Countries in which the proposed applications are to be filed
(we usually mention all PCT member countries and all convention
countries by default).
Name, Address and nationality of the assignee, if any.
Name, address and nationality of the Indian inventors (along
with their Indian Addresses).
Power of Attorney from the Indian inventors in original
mentioning their Indian address (simple signatures needed,
legalization/ notarization not needed).
Name, address and nationality of any non-Indian inventors.
Complete specification (we may file as much information as is
available, preferably if claims and drawings are available, the
same should be filed to expedite the process).
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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