Foreign Filing License comes into action if the inventor is an Indian citizen and chooses to directly apply for a patent in a foreign country without initial filing in India. The provisions regulating the Foreign Filing License are explained in sec. 39 under the Indian Patents Act, 1970.
A person can acquire a Foreign filing license by applying to the Indian Patent Office, the patent application's invention.
The application is filed through Form 25. The Indian Patent Office grants protection within 21 days upon making the application. If the subject matter of the application is relevant to defence purposes and atomic energy, it shall not be submitted to the Indian Patent office.
Documents one must submit at the time of making the application:
Sec. 39 lays down the following conditions for filing:
What are the reasons for a Foreign Filing License?
Patent applications securing sensitive technology that is prejudicial to the defence of India are denied a foreign filing license. Despite such a claim, the Indian resident applicants can file directly in a foreign country without authorization from the Indian Patent Office, considering the procedure is easier and trouble-free to file in foreign countries.
The usual reasons for direct filing in a foreign country are:
The Foreign Filing License also safeguards national security. The Indian Patent Office requires the application to be filed by the resident inventors to obtain a foreign license.