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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.
File in India first, then wait six weeks before filing abroad.
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Please review this with an advocate, patent attorney or registered patent agent before you act. Do not rely on this answer alone.
- Make sure the Indian application fully describes what you will later file abroad.
- Plan foreign filings within twelve months of the Indian filing to keep priority.
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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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