Term #2: Resident of India

1. Term #2
Resident of India
u/s 39 of
Indian Patents Act 1970
Key Terms of Indian Patents Act
Ms Bindu Sharma, Founder & CEOSpeaker

2. Section 39
Residents not to apply for
patents outside India without
prior permission from Indian
Patent Office.
Inhabitant of India

3. Resident of India
Resident of India has not been
defined in the Indian Patents Act,
however, The Income Tax Act, 1961
defines the term “Resident of
India”

4. Resident of India
• An individual may be a citizen
of India but may end up being a
non-resident for a financial
particular year
• Similarly, a foreign citizen may
end up being a resident of India
for income tax purposes for a
particular year.

5. Resident of India
An individual can be termed as a
‘Resident' if he stays in India during a
fiscal year either for:
• 182 days or more;
• 60 days or more (182 days or more
for NRIs) and has been in India in
aggregate for 365 days or more in the
previous four years.

6. Resident of India
In the event an individual who
is a citizen of India leaves
India for employment during a
Financial Year, he will qualify
as a resident of India only if he
stays in India for 182 days or
more.

7. Section 39
Residents not to apply for
patents outside India without
prior permission

8. Section 39
If the applicant is resident of India but wants to
file patent application in foreign country, he has
2 options:
• either files application in Indian Patent Office
and waits for 21 days to receive any objections
or
• takes permission from Indian patent Office to
file patent application in foreign country.

9. Foreign Filing
Permission
Foreign Filing License

10. Section-118, Contravention of secrecy
provisions relating to certain inventions
Contravention of Section-39 may
result in imprisonment for 2 years
or fine or both

11. How to take
permission?
• Form 25
Request for permission for making patent
application
• Fee
• Natural person or Startup: 1600 INR
• Small entity: 4000 INR
• Others: 8000 INR

12. Question?
What details of the invention are
required to be submitted with Form
25, at the time of seeking Foreign
Filing Permission?

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