Foreign Filing Permission (Section 39, Form 25)
Get the Indian Patent Office's written permission before filing your invention abroad, as Section 39 of the Patents Act requires for Indian residents.
- Registered patent agentsPatent work is handled only by agents registered with the Indian Patent Office
- NDA before you shareWe sign a non-disclosure agreement before you send any technical details
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Quick answer
Under Section 39 of the Patents Act, a resident of India must not file a patent application for an invention outside India unless it was filed in India at least six weeks earlier with no secrecy direction, or the Indian Patent Office has given written permission on Form 25. The Controller ordinarily decides a Form 25 request within 21 days. CorpBridge's professional fee is ₹4,999 plus GST and the official fee.
| Professional fee | ₹4,999 + 18% GST |
|---|---|
| Government charges | ₹1,600 govt. fee (₹8,000 for others) |
| Time taken | Ordinarily decided within 21 days |
| Form / portal | Form 25 |
| Documents | 4 items (listed below) |
| Done | 100% online |
What is Foreign Filing Permission?
Indian residents, including Indian companies whose inventors are abroad, need clearance before filing a patent application outside India. There are two ways: file in India first and wait six weeks, or apply for written permission on Form 25 if you need to file abroad sooner or without an Indian filing.
Skipping this step is serious. Under Section 40, an Indian application can be treated as abandoned and a granted patent can be revoked, and Section 118 provides for imprisonment of up to two years, a fine, or both. We prepare the request with a clear description of the invention so that permission is not delayed.
- Who needs it
- Residents of India filing abroad
- Decision time
- Ordinarily within 21 days
- Alternative
- File in India and wait 6 weeks
What's included in our Foreign Filing Permission service?
- Advice on whether you need Form 25 or can rely on the six-week rule
- Preparation of Form 25 with a description of the invention
- Filing and follow-up with the Patent Office
- Copy of the permission for your foreign attorneys
What documents are required for Foreign Filing Permission?
- Description of the invention (provisional or draft specification)
- Applicant and inventor details
- Countries or route (PCT, US provisional, etc.) you plan to use
- Indian application number, if already filed
What is the process for Foreign Filing Permission?
Assess
We check whether the six-week rule already covers you.
Prepare
We draft Form 25 with a description sufficient for the Controller.
File
The request is filed online with the official fee.
Permission
Once granted, you can file abroad; we share the permission with your foreign counsel.
How much does Foreign Filing Permission cost?
| Component | Amount | Paid to |
|---|---|---|
| CorpBridge professional fee | ₹4,999 | CorpBridge |
| GST on professional fee | ₹900 | Government (via CorpBridge) |
| Government fee / stamp duty | ₹1,600 govt. fee (₹8,000 for others) | Government, at actuals |
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Frequently asked questions about Foreign Filing Permission
Who needs foreign filing permission in India?
Any person resident in India who wants to file a patent application for an invention outside India without first filing in India and waiting six weeks. Residence, not nationality, is the test, and Indian companies count as residents.
Do I need permission if I filed in India first?
Not if at least six weeks have passed since the Indian filing and no secrecy direction has been issued. Before that, you need Form 25 permission.
What happens if I file abroad without permission?
Your Indian application can be treated as abandoned, a granted patent can be revoked, and Section 118 provides for imprisonment of up to two years, a fine, or both.
How long does Form 25 permission take?
The Controller ordinarily decides within 21 days. Inventions relating to defence or atomic energy need Central Government consent and can take longer.
What is the cost of Foreign Filing Permission?
CorpBridge's professional fee is ₹4,999, exclusive of 18% GST, plus ₹1,600 govt. fee (₹8,000 for others). The exact government charges are confirmed before you pay.
What documents are required for Foreign Filing Permission?
Description of the invention (provisional or draft specification); Applicant and inventor details; Countries or route (PCT, US provisional, etc.) you plan to use; Indian application number, if already filed.
Often taken together
Patent Search
SearchA registered patent agent searches patents and literature to tell you whether your invention is new and inventive.
Provisional Patent Application
Form 1 / 2Secure your priority date early with a provisional specification while you keep developing the invention.
Patent Drafting
Form 2Drafting of the complete specification and claims by a registered patent agent, built to survive examination.
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