Foreign Filing License

 1. When is a Foreign Filing License (FFL) required in India?

An FFL is required when a patent application is proposed to be filed outside India in the following case:

a) the applicant or the inventor(s) is a resident of India; and

b) the applicant or the inventor does not wish to file a patent application in India prior to filing outside India or the applicant wishes to file a patent application outside India before the expiry of a period of 6 weeks from the filing of an application in India.

Here, the nationality of the person concerned is not relevant and only residential status is taken into consideration.

An FFL is only granted if either no secrecy direction (under Section 35) has been given by the Controller for an invention relating to or relevant for defence or atomic energy purposes, or the secrecy direction has been revoked. Also, if the invention is relevant for defence purposes or atomic energy, the Controller grants an FFL only after obtaining permission from the Central Government.

2. Can a patent applicant obtain Foreign Filing License (FFL) after filing the application outside India?
No, an FFL must be obtained before filing the application outside India.

3. Who is considered as a ‘person resident in India’ for the purposes of obtaining an Foreign Filing License (FFL)?

A ‘person resident in India’ is a person, who:

a) is in India in that financial year for a period amounting in all to one hundred and eighty-two days or more ; or

b) is in India for a period of at least 60 days during the relevant previous financial year and at least 365 days during the four years preceding that relevant year; or

c) is a citizen of India, and has an income from sources in India of more than INR 1.5 million during the previous year and is not liable to pay tax in any other country or territory by reason of his domicile or residence or any other criteria of similar nature.

In other words, if the person is eligible to pay taxes for the previous financial year, then he is a ‘person resident in India’ for that previous financial year.

4. What documents and information are required for obtaining Foreign Filing License (FFL)?

The following documents and information are required for obtaining an FFL:

a) The name, address and nationality of the inventor(s) and/or applicant(s) that are resident of India

b) The name, address, and nationality of the other inventor(s) and applicant(s)

c) Power of Authority from the inventor(s) or the applicant(s) residing in India

d) A brief write-up of the invention including the title of the invention and drawings (if any)

e) A list of countries in which the inventor(s)/assignee intends to file the application.

5. Can multiple patent applications be filed using a single Foreign Filing License (FFL)?

Yes, as long as all the patent applications contain the invention for which the FFL was obtained.

6. How long does it take to get a Foreign Filing License (FFL) in India?

The FFL is generally given within 21 days from the date of filing the request.

7. What are the consequences of filing an application outside India without obtaining the Foreign Filing License (FFL)?

If an application is filed outside India without obtaining FFL then any subsequently filed Indian application shall be deemed to have been abandoned and the patent granted, if any shall be liable to be revoked.

Further, non-compliance with this requirement incurs a penalty that includes imprisonment for a term which may extend to two years, fine, or both.