Foreign Filing Permission for Indian Inventors

Regulatory Requirement

Under Section 39 of the Indian Patents Act, any person resident in India must first:

File a patent application in India and wait at least six weeks before applying abroad, OR
Obtain Foreign Filing Permission (FFP) from the Indian Patent Office before filing internationally.

The requirement is based on residency, not citizenship. The term "resident" is not explicitly defined under the Indian Patents Act but applies to individuals who:

Physically reside in India (even briefly) and are not tourists.
Conduct research or develop inventions using Indian resources.
Were in India at the time of conceiving the invention or filing the foreign application.

Strict Compliance & Consequences

There is no provision for retroactive Foreign Filing Permission.
Failure to comply results in the application being deemed abandoned, potential revocation of granted patents (Section 64), and penal consequences under Section 118 (imprisonment up to two years, fine, or both).
The Delhi High Court has confirmed that FFP is mandatory even for PCT applications filed via the Indian Receiving Office.

Processing & Restrictions

The Indian Patent Office issues FFP within ~3 weeks, provided all documents are in order. There is no expedited process.
FFP will not be granted for inventions related to atomic energy or defence.
For defence-related inventions, it is advisable to first file in India and wait six weeks before applying internationally.

Required Information & Documents for FFP

Inventor Details – Full name, residential (India) and work address, email, and phone number.
Invention Details – Title and a brief (3-4 pages) description with drawings (if any), excluding claims & abstract.
Power of Authority – Signed authorization from the Indian resident inventor(s).