Before filing outside India

Run this at month nine after your first filing, not month twelve.

CriticalBefore filingFounderEnterpriseIP professionalResearcher

The twelve-month priority window is effectively immovable, and section 39 catches Indian residents in a way most people never hear about.

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Is any inventor resident in India?Section 39 requires written permission, or an Indian filing at least six weeks earlier, before applying abroad.
If yes: Obtain permission on the prescribed form, or file in India first. Contravention can lead to refusal or revocation of the Indian patent.
Do you know your exact priority date?Every international deadline counts from it, and it may differ claim by claim.
If yes: Write it down and add twelve months and thirty-one months underneath. Those two dates are your international strategy.
Have you decided which countries actually matter?Markets, manufacturing locations and competitor bases - not a list of large economies.
If yes: Rank by where a competitor would manufacture or sell, and where you could realistically enforce.
Have you compared direct filing against a PCT application?PCT costs less at twelve months and pushes the country decision to about thirty or thirty-one months.
If yes: If the market list is uncertain, PCT is usually the answer. If it is certain and short, direct filing can be cheaper overall.
Have you budgeted for national phase, not just for the PCT?The large cost arrives at national phase in several countries at once, including translations.
If yes: Model the thirty-one month spend now, so the decision then is not forced by cash flow.
Is Form 3 up to date in India?Every foreign filing has to be reported to the Indian Patent Office under section 8.
If yes: Assign one owner in India for the whole family.
Have you diarised thirty-one months for Indian national phase, if the priority is foreign?Indian national phase entry is mandatory at thirty-one months and recent authority treats it as non-extendable.
If yes: Set a checkpoint at twenty-eight months. Do not plan on a cure.
Does any jurisdiction on your list have a grace period you are relying on?Grace periods differ, and relying on one changes the filing order.
If yes: Confirm the specific provision, in that country, for the specific type of disclosure.

International strategy is mostly a calendar problem wearing a legal costume. Get the dates on a page and most of the decisions become obvious.

Sources & further reading

The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
The Patents Rules, 2003, as amended (e-version updated to 15 March 2024) — Official IP India text

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Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.

Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.

Before filing outside India

Sources & further reading

Related

The twelve months that decide your international position

Filing abroad first, without permission

The thirty-one months that ended the case

Not sure whether this applies to your invention?