*[39. Residents not
to apply for patents outside India without prior permission.-(1)
No person resident in India shall, except under the authority
of a written permit sought in the manner prescribed and granted
by or on behalf of the Controller, make or cause to be made
any application outside India for the grant of a patent for
an invention unless-
(a) an application for a patent for the same invention has
been made in India, not less than six weeks before the application
outside India; and
(b) either no direction has been given under sub-section
(1) of section 35 in relation to the application in India,
or all such directions have been revoked.
(2) The Controller shall dispose of every such application
within such period as may be prescribed: Provided that if
the invention is relevant for defence purpose or atomic energy,
the Controller shall not grant permit without the prior consent
of the Central Government.
(3) This section shall not apply in relation to an invention
for which an application for protection has first been filed
in a country outside India by a person resident outside India.]
*[Substitution by Patents (Amendment) Act, 2005, section
31]
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