If an Indian resident wants to apply for a patent outside India,
then a prior permission is required from the Indian Patent office.
While filing patent application outside India for the invention
conceived by an Indian resident, it is important to know that it is
not mandatory to first file an application in India. If the Indian
resident files first in India and six weeks have passed, then such
a person can apply for patent outside India without prior
permission.
The reasons for filing outside depends on various factors such
as less or no market for an invention in India, non-patentable
subject matter, invention is produced by people of more than one
country.
The request to seek permission for foreign filing comes under
section 39 and rule 71 of the Indian Patent Act.
