Foreign Filing License Archives - Obhan & Associates

January 04

Date: January 4, 2017
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What documents and information would be required to obtain the foreign filing license?

Following documents and information are required for obtaining the foreign filing license: Power of Authority from the inventor(s) residing in India A brief write-up of the invention In case inventors who are not residing in India are also part of the invention, their details including name and addr...

January 04

Date: January 4, 2017
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Who is considered as a “resident in India” for the purposes of obtaining a foreign filing license?

Foreign Filing License An individual is said to be a resident in India in any previous year (April 1- March 31), if he— is in India in that year for a period amounting in all to one hundred and eighty-two days or more; or is in India for a period of at least 60 days during the relevant year and at...

January 04

Date: January 4, 2017
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Would a foreign filing license be required even in case all inventors are not residents of India?

Yes, the foreign filing license must be obtained even if a single inventor resides in India....

January 04

Date: January 4, 2017
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Can a patent applicant obtain the foreign filing license after filing the application outside India?

No, the foreign filing license must be obtained before filing the application outside India....

January 04

Date: January 4, 2017
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Under what circumstances, would a patent applicant be required to seek a permission from the Indian Patent Office (commonly referred to as “foreign filing license”) for filing an application outside India?

A request for foreign filing license has to be filed by the inventor(s) of the claimed invention. An inventor(s) would be required to seek a foreign filing license if he/she qualifies as a “person resident in India” while developing the invention, and the if the patent applicant/ inventor(s): in...