Section 39 – Residents not to apply for Patents outside India without Prior Permission

  • Indian residents shall not apply for a patent in a foreign country without the prior written and approved permission of the Controller. Applications for grant of patent shall be applied to foreign countries only if,
    • an Indian Patent Application is filed at least 6 weeks before filing the foreign application.
    • no direction of secrecy is implied by the Central Government or if the same is revoked after application
  • inventions related to the defence of the country or atomic energy shall not be granted permission by the Controller without the consent of the Central Government
  • Non Resident Indians are not bound to this section.

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