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ARTICLE · 31 AUGUST 2021

Requirement Of Foreign Filing License In India

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As per Section 39 of the Indian Patent Act, 1970, in cases where the inventor is an Indian resident and wants to file a first patent application in foreign country without filing in India, ...

IndiaIntellectual Property
Tushar Kohli
Tushar Kohli
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As per Section 39 of the Indian Patent Act, 1970, in cases where the inventor is an Indian resident and wants to file a first patent application in foreign country without filing in India, it is mandatory for the inventor to obtain a Foreign Filing License (FFL) from the Indian Patent Office (IPO), wherein a written permission from the IPO is issued to the Indian inventor.

Amongst other advantages related to obtaining FFL, the most important one is that the mandatory requirement of first filing a patent application in India is waived-off, allowing Indian residents to directly file a patent application outside India for an invention. The decision to file first patent application to foreign countries rather than filing in India can be:

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