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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.
Do not file abroad yet - wait for six weeks to pass, or get a written permit.
Urgent - a deadline or loss of rights may be close
Please review this with an advocate, patent attorney or registered patent agent before you act. Do not rely on this answer alone.
- The six weeks are counted from the Indian filing date.
- If a secrecy direction under section 35 has been issued, the exemption does not apply until it is revoked.
- A permit can be requested on Form 25. Rule 71 requires the Controller to decide within twenty-one days (for defence or atomic energy inventions, counted from the Central Government's consent).
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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.
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.