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An FFL is a permission granted by the Indian Patent Office that licences a person who resides in India to submit a patent application abroad without first submitting it in India.
According to Section 39 of the Indian Patents Act, 1970, Indian inventors or applicants must first get a Foreign Filing License (FFL) before submitting a patent application outside of India.
An FFL is required if the applicant or inventor resides in India (citizenship is not necessary).
Form 25 must be submitted to the Indian Patent Office.
Required Documents:
- Form 25: FFL Request.
- An overview of the invention.
- The inventors' names and addresses.
- Information about the foreign nation in which you plan to file.
- A justification for requesting FFL.
Timeframe:
FFL requests are typically handled by the Indian Patent Office in 21 days; however, you can ask for expedited processing in certain situations (such as when there are international deadlines).
If you have already submitted the same patent application in India, at least six weeks ago, and if Section 35 of the Act has not resulted in any confidentiality orders, you do not require FFL.
If you submit a foreign patent application without getting FFL (where necessary), there may be legal repercussions.
- It is regarded as a violation of Section 39.
- The application might not be accepted or be considered abandoned.
- There may be fines and the patent (if issued elsewhere) may be deemed void.
Unless there are confidentiality directives in place, wait six weeks after filing in India before submitting abroad.
The request is reviewed by the Controller of Patents.
- Permission is often given if there are no national security issues (that is, if the invention does not jeopardize India's defense or nuclear interests).
- You can submit the application in the preferred foreign nation after FFL is approved.
In the following circumstances, you are exempt from obtaining FFL: Inventor has already filed a patent initially in India. It's been six weeks after filing in India, wait for at least six weeks. No instructions for secrecy No limitations in accordance with Section 35.
When FFL is necessary, filing a foreign application without it could lead to:
- The Indian application being rejected or abandoned.
- It's possible that the foreign patent is deemed invalid.
- Potential punishment, such as fines and imprisonment
Document your FFL permission in case it becomes necessary in the future, particularly if you are being prosecuted abroad.
Designs:
Under the Designs Act of 2000, industrial designs in India are exempt from the need for a Foreign Filing License (FFL).
According to Section 39 of the Indian Patents Act of 1970, a foreign filing license (FFL) is only necessary for patent applications.
The Designs Act of 2000 contains no such clause pertaining to design applications.
- Section 39 of the Patents Act of 1970 regulates FFL for patents.
- The Designs Act of 2000 regulates industrial design registration in India. Neither the Designs Act nor the Rules contain any provisions limiting international filing. The Designs law has no equivalent to Section 39.
Despite the fact that FFL is not necessary, you should:
- File designs in nations where you are present or have a commercial interest.
- Verify that the design is original and unpublished prior to filing. Adhere to each jurisdiction's specific formal criteria, such as surface ornamentation clarity and multiple viewpoints.
Although the design does not violate Indian law if it is filed in the US, EU, or other jurisdictions prior to India, make sure that the foreign publication date does not diminish novelty (Indian law demands absolute novelty) if you file it later in India.
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.
