Patent Sections

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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