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Foreign Filing License

 

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).

 

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