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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.
Section 39 may not apply - but check residence carefully.
Moderate complexity - several routes or missing facts
Please review this with an advocate, patent attorney or registered patent agent before you act. Do not rely on this answer alone.
- Section 39(3): it does not apply to an invention first filed outside India by a person resident outside India.
- If even one inventor was resident in India when the invention was made or filed, take advice before relying on this.
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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.
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