Q.1 What is FFL (Foreign Filing License)?
Ans. If an Indian resident wants to make a patent application outside India for an invention and he has not made a patent application for that invention in India within at least six weeks ago, then he must take a written permission from the Controller of Patents in the prescribed manner before making such patent application outside India.
Q.2 What if you do not obtain an FFL and file an application outside India anyway?
Ans. 1. You will be punished with imprisonment whose term can run up to 2 years or you may be punished with fine or both.
- The corresponding Indian patent application related to that invention shall be considered abandoned. If it has already been granted, it shall be revoked for not obtaining the FFL.
Q.3 What is the prescribed way of obtaining an FFL?
Ans. 1. You need to make your application of request for making a patent application outside India, by filing Form 25 of the Patents Act, 1970. You need to mention the following details in your application:
a) Title of your application,
- b) Name and addresses of the applicant(s),
- c) Name and addresses of the assignee(s),
- d) Name of countries where you wish to make a patent application outside India and
- e) The reason(s) for making this application of request for obtaining an FFL.
- You must also attach a brief description of your invention along with your application.
- If you are filing your Form 25 via an authorized agent, you must also submit a duly signed and e-stamped power of attorney authorizing the agent.
- After considering the subject matter of the invention, the Controller of Patents may issue an order letter approving or rejecting the request.
Q.4 What is the official fee and timeline related to process of obtaining an FFL?
Ans. There is no timeline fixed for obtaining the order letter from the Controller for your application. However, one may receive the order letter in 10 days, generally.
- If you are making an e-filing request, then the following official fee shall be applicable:
- For natural person(s) or startup(s) or small entit(y)/(ies) or government educational institutions: INR 1600,
- For other than natural persons: INR 8000.
- If you are making a physical filing, then the following official fee shall be applicable:
- For natural person(s) or startup(s) or small entit(y)/(ies) or government educational institutions: INR 1750,
- For other than natural persons: INR 8800.