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Is it mandatory to obtain prior permission from the Patent Office to file application for patent outside India or abroad?

Generally speaking, it is not necessary to obtain prior permission from the Patent Office to file patent application abroad under following circumstances.

  • Applicant is not Indian resident and invention is originated abroad about.
  • If the applicant is Indian resident, a patent application has been filed in India and six weeks period is over from that date.
  • The invention does not belong to Atomic Energy or defence purpose.
  • In other circumstances, the prior permission is required. For further details kindly refer to section 39 of the Patents Act, 1970.