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Guided answer
Can I file abroad first? A section 39 check
If anyone involved is resident in India, filing outside India first without permission can cost you the Indian application or patent.
Is any inventor or applicant resident in India?
Section 39 applies to any person resident in India who makes, or causes to be made, an application outside India. Residence is the test - not citizenship, and not where a company is incorporated.
Educational guidance only - not legal advice. Do not rely on it. It cannot see your documents, your dates or the prior art, and those usually decide the answer. Laws, rules, forms, fees and deadlines change. Please review your situation with a qualified advocate, patent attorney or registered patent agent before you act or decide not to act.
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.