Yes, an applicant can directly file a Patent Application in different countries without first filing it in India. However, a Foreign Filing License (FFL) will be required from the Indian Patent Office.
The Patent provides territorial rights to the Applicant. If the Applicant is filing a Patentapplication in India, he will get rights in India only. However, an Applicant, in order to secure his rights in other jurisdictions also, can file a Patent application in other countries. Basically, the filing of Patents in different countries depends on the business strategy, market demand, relevant market and future expansion of the business.
Suppose, An Applicant has created an invention in India, and he is a resident of India, in that case, he can file a Patent Application in India. However, due to market demand from other countries or if the legal structure in other country offers better protection to the invention or exploitation of the invention in other country is more profitable or due to business conditions or business strategy, he does not want to file a Patent application in India first, he wishes to file his first Patent application in the US or in any other country. In that case, he can directly file a Patent application in US or in any other country(s) by obtaining an FFL from the Indian Patent Office.
Now, when an inventor applies for FFL to the Indian Patent Office, he is required to submit a detailed description of the invention, and its use. The permission granted by the Controller will be based mainly on the following considerations:
Therefore, an Applicant (resident of India) can file a Patent Application directly in other country(s) by getting the FFL from the Indian Patent Office.
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