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.
