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):
- intends to file a first patent application outside India; or
- has filed a first application in India and intends to file a patent application outside India before the expiry of six weeks from the date of filing of the Indian patent application; or
- has filed a first application in India, and the Controller has issued directions in the application stating that the application is relevant for defense purposes and that the application shall not be published.