Two queries Abhay!! 1. what if an Indian national (applicant), stays abroad (let's say the Netherlands) for 4 years and wants to file a patent application, does he need to file FFL? 2. Does it applies to applicant alone or inventors too??
Hello Naveen: First Case: Since the applicant has been residing outside India for a considerable time (4 years) in your case - you will not be considered as an Indian resident; I am assuming Invention is conceived outside India - In this case, no requirement of FFL from India Patent office. 2. Indian Resident is the keyword - be it applicant or the inventors. if you have Indian resident as the inventor - you got to apply for FFL.
See, when secrecy directions are imposed, many months may pass before the secrecy directions gets revoked. During such time - many timelines might get missed ( such as RFE or any other procedural requirements) or may be due in near future - so what happens to such timelines? Why should applicant suffer? Therefore section 38 says, the timelines will get extended for the applicant to comply with the requirements.
hello sir, When u mentioned that if applications are filled outside india prior to filling at IPO, then " such provisions wont be applicable" does that mean secrecy directions would also not be used?
Hello Rashmi, in simple words, the applications which are already filed outside India (by foreign residents) - such provisions are not applicable - obvious statement but wanted to emphasize it.
Two queries Abhay!!
1. what if an Indian national (applicant), stays abroad (let's say the Netherlands) for 4 years and wants to file a patent application, does he need to file FFL?
2. Does it applies to applicant alone or inventors too??
Hello Naveen:
First Case: Since the applicant has been residing outside India for a considerable time (4 years) in your case - you will not be considered as an Indian resident; I am assuming Invention is conceived outside India - In this case, no requirement of FFL from India Patent office.
2. Indian Resident is the keyword - be it applicant or the inventors. if you have Indian resident as the inventor - you got to apply for FFL.
can you explain sec 38
See, when secrecy directions are imposed, many months may pass before the secrecy directions gets revoked. During such time - many timelines might get missed ( such as RFE or any other procedural requirements) or may be due in near future - so what happens to such timelines? Why should applicant suffer? Therefore section 38 says, the timelines will get extended for the applicant to comply with the requirements.
hello sir, When u mentioned that if applications are filled outside india prior to filling at IPO, then " such provisions wont be applicable" does that mean secrecy directions would also not be used?
Hello Rashmi, in simple words, the applications which are already filed outside India (by foreign residents) - such provisions are not applicable - obvious statement but wanted to emphasize it.