For Indian citizens, before filing a provisional patent in the US is it required to get the patent in India.?

Question

I want to file a provisioanl patent for the us market. Can I send the applicatin straight to the USPTO office or do I need to file for an Indian patent first and only after getting that file for a US provisional patent.

Answer 1

Hi,

for a definitive answer I suggest that you get in contact with an Indian patent attorney, however, my understanding of the position is as follows:

Basically, an inventor (Indian or non-Indian) resident in India must first file in India and wait six weeks before filing abroad, or alternatively seek prior written permission frm the Indian patent office to file such application abroad before filing any Indian patent application. In this case, the applicant must give reasons for seeking such permission and provide a brief description of the invention.

Failure to comply with the above is punishable by way of a fine, or with imprisonment for up to two years, or with both fine and imprisonment. So it should be taken seriously.

However, like I said, get in touch with an Indian patent attorney for a definitive answer.

Hope that helps, and good luck!

Answer 2

No, and you do no longer could report in separate countries (that could be craziness). you could report a "PCT application" which protects your patent and priority date in maximum better countries.