Procedure of Filing Patent Application Outside India

Procedure of Filing Patent Application Outside India. Indian innovators, filing a patent application outside India requires compliance with the Patents Act, 1970 and international systems like the Paris Convention and the PCT. As per Section 39, residents must either obtain a Foreign Filing License (FFL) or first file in India before applying abroad, ensuring sensitive inventions are not disclosed without approval. After clearance, applicants can file directly in foreign countries within 12 months under the Paris route or use the PCT, which provides a single international filing and deferred national phase entry of 30–31 months. This process ensures global protection while meeting India’s legal obligations.
Here’s a clear, India-specific guide to filing a patent application outside India, covering permissions, routes (Paris vs PCT), timelines, and documents.
First things first: do you need prior permission (FFL)?
If you are resident in India, you must either

(A) file in India first and wait 6 weeks (provided no secrecy directions are issued), ora

(B) obtain a Foreign Filing License (FFL) from the Indian Patent Office before filing abroad (use Form 25).

Failing this can attract penalties under Section 118 (fine and/or imprisonment up to 2 years).
Also note: if secrecy directions under Section 35 apply (defence/atomic matters), foreign filing isn’t allowed unless lifted.
How to get FFL (when needed)

File Form 25 with brief disclosure (spec/claims/figures) to the Controller.

The Controller ordinarily disposes of FFL requests within 21 days (except defence/atomic cases).

Choose your filing route
Route A Paris Convention (Direct Foreign Filing)

File a first application (India or another Paris member), then file in other countries within 12 months claiming priority.

Good when you only want a few countries and know them early.

Basic steps

Ensure FFL compliance.

Prepare complete specification in each target country’s format + translations where needed.

File in each foreign office within 12 months from your first filing date; pay local fees; appoint local agent(s).

Route B PCT (International)

File one PCT application (at IPO as Receiving Office or at WIPO/IB).

You get an international search and optional preliminary opinion, then enter national phase later.

National-phase deadline for India and many jurisdictions: 31 months from priority. (Many other countries are 30/31 months check each one.)

Learn more about International Trademark.
Basic steps

Ensure FFL compliance (see §1). IP India

File PCT within 12 months of your first filing to keep priority. WIPO

Receive ISR/WO; consider amendments.

Enter national/regional phase in chosen countries by 30/31 months, with translations, local forms, and fees.

Documents & information you’ll typically need

Applicant & inventor details; assignment if applicant ≠ inventor.

Priority details (country, date, number) and certified priority document (or DAS code).

Specification: title, abstract, description, claims, drawings.

Translations (where required).

Power of Attorney/Agent authorizations as per local law.

Country-specific forms/fees and sequence listings (if any).

Practical timelines at a glance

FFL decision: ~21 days ordinarily.

Paris filings abroad: within 12 months of first filing.

PCT national phase: usually 30/31 months from priority (India is 31).

Common mistakes to avoid

Skipping FFL when required (risk: penalties and potential consequences for related Indian applications).

Missing 12-month priority (Paris/PCT) or 30/31-month national-phase deadlines.

Not checking secrecy directions (Section 35) before foreign filing.

Overlooking translations or formalities specific to each office.

Quick decision guide

Want broad coverage and time to choose countries? → PCT (then national phase at 30/31 months).

Want only a couple of countries and are cost-sensitive upfront? → Paris (within 12 months).

Final Word
Filing a patent outside India allows innovators to secure global protection but requires compliance with Indian law, including Section 39 of the Patents Act, 1970, by either obtaining a Foreign Filing License (FFL) or first filing in India. After this, applicants can choose the Paris Convention for direct filings within 12 months or the PCT route for wider, time-flexible protection. This ensures a balance between national safeguards and international IP rights, helping inventors protect and expand the value of their innovations worldwide.
FAQs
Q1. I’m an Indian resident who invented this in India. Can I file directly in the US/EU?
Ans. Yes but only after (i) filing first in India and waiting 6 weeks with no secrecy direction, or (ii) getting an FFL (Form 25) first.
Q2. What happens if I file abroad without FFL when required?
Ans. You risk Section 118 penalties; related issues can also affect Indian proceedings.
Q3. What’s the India deadline to enter national phase from a PCT?
Ans. 31 months from the earliest priority date.

Indian innovators, filing a patent application outside India requires compliance with the Patents Act, 1970 and international systems like the Paris Convention and the PCT. As per Section 39, residents must either obtain a Foreign Filing License (FFL) or first file in India before applying abroad, ensuring sensitive inventions are not disclosed without approval. After clearance, applicants can file directly in foreign countries within 12 months under the Paris route or use the PCT, which provides a single international filing and deferred national phase entry of 30–31 months. This process ensures global protection while meeting India’s legal obligations.

Here’s a clear, India-specific guide to filing a patent application outside India, covering permissions, routes (Paris vs PCT), timelines, and documents.

First things first: do you need prior permission (FFL)?

If you are resident in India, you must either

(A) file in India first and wait 6 weeks (provided no secrecy directions are issued), ora
(B) obtain a Foreign Filing License (FFL) from the Indian Patent Office before filing abroad (use Form 25).

Failing this can attract penalties under Section 118 (fine and/or imprisonment up to 2 years).

Also note: if secrecy directions under Section 35 apply (defence/atomic matters), foreign filing isn’t allowed unless lifted.

How to get FFL (when needed)

File Form 25 with brief disclosure (spec/claims/figures) to the Controller.
The Controller ordinarily disposes of FFL requests within 21 days (except defence/atomic cases).

Choose your filing route

Route A Paris Convention (Direct Foreign Filing)

File a first application (India or another Paris member), then file in other countries within 12 months claiming priority.
Good when you only want a few countries and know them early.

Basic steps

Ensure FFL compliance.
Prepare complete specification in each target country’s format + translations where needed.
File in each foreign office within 12 months from your first filing date; pay local fees; appoint local agent(s).

Route B PCT (International)

File one PCT application (at IPO as Receiving Office or at WIPO/IB).
You get an international search and optional preliminary opinion, then enter national phase later.
National-phase deadline for India and many jurisdictions: 31 months from priority. (Many other countries are 30/31 months check each one.)

Learn more about International Trademark.

Basic steps

Ensure FFL compliance (see §1). IP India
File PCT within 12 months of your first filing to keep priority. WIPO
Receive ISR/WO; consider amendments.
Enter national/regional phase in chosen countries by 30/31 months, with translations, local forms, and fees.

Documents & information you’ll typically need

Applicant & inventor details; assignment if applicant ≠ inventor.
Priority details (country, date, number) and certified priority document (or DAS code).
Specification: title, abstract, description, claims, drawings.
Translations (where required).
Power of Attorney/Agent authorizations as per local law.
Country-specific forms/fees and sequence listings (if any).

Practical timelines at a glance

FFL decision: ~21 days ordinarily.
Paris filings abroad: within 12 months of first filing.
PCT national phase: usually 30/31 months from priority (India is 31).

Common mistakes to avoid

Skipping FFL when required (risk: penalties and potential consequences for related Indian applications).
Missing 12-month priority (Paris/PCT) or 30/31-month national-phase deadlines.
Not checking secrecy directions (Section 35) before foreign filing.
Overlooking translations or formalities specific to each office.

Quick decision guide

Want broad coverage and time to choose countries? → PCT (then national phase at 30/31 months).
Want only a couple of countries and are cost-sensitive upfront? → Paris (within 12 months).

Final Word

Filing a patent outside India allows innovators to secure global protection but requires compliance with Indian law, including Section 39 of the Patents Act, 1970, by either obtaining a Foreign Filing License (FFL) or first filing in India. After this, applicants can choose the Paris Convention for direct filings within 12 months or the PCT route for wider, time-flexible protection. This ensures a balance between national safeguards and international IP rights, helping inventors protect and expand the value of their innovations worldwide.