Case study of Madras High Court Judgement on the Requirements of Foreign Patent Filing Permission In the SELFDOT TECHNOLOGIES OPC PVT LTD v. Controller of Patent Chennai, the Hon’ble High Court of Madras speaking through Mr Justice Senthil Kumar Ramamurthy held on 28th November 2023 that the requirement of foreign filing permission under section 39 of the Patents Act is formal and procedural in nature and hence condonable. By its final order, the High Court directed the Madras Patent Office to receive afresh an application for Foreign Patent Filing permission and allow the same on appropriate terms. Actually, the Patent Application in question is an application for a Patent of Addition . The original application was filed in the Indian Patent Office which was duly followed up by an American Patent through PCT route. The ostensible reason for having this requirement of Foreign Patent Permission is to enable the Union of India to issue secrecy directions under Section 35 of the Pate
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