Repealed or not in force · As amended up to 2026-08
31. For section 39 of the principal Act, the following section shall be substituted, namely:—
"39. (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has been given under sub-section (1) of section 35 in relation to the application in India, or all such directions have been revoked.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.
Omission of section 27. Amendment of section 28.
Amendment of section 31.
Amendment of section 34.
Amendment of section 35.
Amendment of section 36.
Amendment of section 37.
Substitution of new section for section 39.
Residents not to apply for patents outside India without prior permission.
620 [ACT 15
(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 of heading of Chapter VIII.
Source: India Code