What is Foreign Filing License (FFL)/Permission under Section 39 of Indian Patent Act, 1970 in Patents?
Patent provides monopoly rights to the inventors/patentees for a limited period of time and excluding others from its commercial exploitation. Since, patent rights are conferred by the state to the benefit of the inventors/patentees; however, it imposes certain duties over the inventors. Patent rights are enacted for encouraging technological development in the country along with welfare of its public. Like other laws, the interest of country has to be given utmost priority. The Indian Patent Law imposes duty upon its residents to obtain permission to file an application in foreign country in certain situations which are enshrined in section 39 of the Indian Patents Act, 1970. Section 39 of the Indian Patents Act, 1970, requires an Indian resident to obtain a foreign filing license (FFL) from Indian Patent Office (IPO) before it is filed before any foreign patent office. Such foreign filing license (FFL) is mandatory for Indian residents in case: If the Indian resident wants to apply f...