How to File Patent Outside India? – Not all the countries have same national security consideration; distinctive nations have different restriction with the aim of having a keep an eye on the defense and nuclear vitality related creations. While few nations make it obligatory to document a Patent Application in their nation before applying in some other nation, on the other hand few nations require prior consent before applying in different nations.
Many organizations/new companies working from India oblige to global markets, particularly USA. Thus, such organizations are enthused about documenting International patent outside India. While recording Patent application outside India for the development brought about by Indian resident (do not confuse with citizen of India), it isn’t mandatory to first document Patent Application in India. In any case, it’s imperative to take note of that if Patent Application isn’t to be first documented in India; written authorization is to be sought through form 25 from the Indian Patent Office. It’s likewise essential to mandatory seek authorization for foreign documentation even after filing Indian application for a month and a half. The alternatives existing in front of such organizations/new businesses by and large mull over embracing following choices:
Alternative 1: Record PCT Application
An Indian resident can document a PCT application in the accompanying way:
- Filing after a patent application in India:- A PCT application can be documented before the expiry of a year from the date of filing. It can be either through an international PCT application in IB of WIPO or in IPO as receiving office. In any case, if the international application documenting is within a month and a half from the date of filing in India, such documenting might be made after taking authorization u/s 39 from the IPO.
Another approach is where; a candidate can document an International Application within a year from the priority date in India, directly in IB. While doing so, claim the priority of the prior filed Indian patent application with the application charge. An affirmed duplicate of the Indian application should be sent to IB within sixteen months from the date of priority.
- Filing at Indian Patent Office [IPO]:– In case, the filing of application is taking place at IPO, it is wise to submit an authorization for foreign filing license under section 39. However, such consent will be permitted or might be conceded in the wake of examining the details.
By using a PCT-SAFE form, an intentional patent application can be documented in IPO as a receiving office. After receiving such authorization, the Patent Office India should transmit the application to the IB. The cost that a candidate needs to pay is of transmittal fees, international Application fee and search fee.
- Filing specifically at WIPO:– Another alternative is to directly file an international application in IB, accompanied by the fee in the PCT request form. Before filing directly in IB, an authorization u/s 39 is required. Such an application may likewise be document ePCT.
Alternative 2: File patent applications in outside nations without documenting patent applications in India
Here, patent candidates need to fulfill a formality with the IPO before continuing with patent application documenting outside India. This custom must be fulfilled in case at least one the inventors in the patent application are resident of India. It requires the patent candidate to seek approval from the IPO to concede authorization to apply for a patent outside India. The consent is granted within a period of 21 days from the date of request. In case the subject matter of the invention relates to or is relevant to defense and atomic energy, the permission might be denied.
Alternative 3: Documenting patent applications in India, and immediately file patent applications abroad
The patent candidates must not hurry with the process of patenting abroad soon after documenting the patent application in India. In the event that the patent candidate desires to document patent applications immediately, at that point authorization should be obtained from the IPO.
Then again, another option available to the patent candidates is wait for a month and a half from the date of documenting the Indian patent application and then continue with foreign patent applications documenting(only if a warning has not been issued by the IPO in those a month and a half). However, the formality must be fulfilled in the event that at least one creator in the patent application are resident of India. After completion of six week or upon receiving a grant from the IPO, application in different countries can be filed.
To lay the smooth flow of your application form, Your Patent Team provides a team of top patent lawyers and patent agents in India to deliver the best result. https://yourpatentteam.com/multi-country-patent-drafting-filing-prosecution/
