REPORT BY WTO SECRETARIAT (WT/TPR/S/249): III TRADE POLICIES AND PRACTICES BY MEASURE: (4) MEASURES AFFECTING PRODUCTION AND TRADE: (vi) Intellectual Property Rights (b) Patents
Australia notes in paragraph 251, page 114 of the Secretariat Report that it is not necessary to obtain prior permission from the Patent Office to file a patent application abroad, unless, inter alia, the applicant is an Indian resident and the invention originated in India.
Could India explain whether the requirement to obtain permission from the Patent Office to file a patent application abroad also apply to foreign nationals that are resident in India?
Reply: Section 39 of the Indian Patents Acts provides for requirement of prior permission for filing of the patent application outside India by Indian residents. This includes any foreign national who is resident in India. The prior permission from the Patent Office is required under the following circumstances:
In case applicant does not want to file any patent application in India relating to said invention.
In case he has filed the application in India but six weeks' period from the date of filing of the Indian application is not yet over.
In case secrecy direction under section 35 have been imposed and such directions have not been revoked.
