I have a foreign firm (for example registered in USA) and has come up with a product which needs to be filed as a patent application outside India (for example USA) and the inventors are from India. Can I directly file patent application outside India?
Yes, a patent application can be filed outside India by obtaining a Foreign Filing License from Indian Patent Office.
Foreign Filing License:
(A) Foreign Filing License (FFL) requirement arises if the inventor do not want to file patent application in his country but outside. For example, for a proposed patent application to be filed for which the list of inventors hold Indian Citizenship, but are not interested for filing Patent with Indian Patent Office, the Foreign Filing License should be obtained from Indian Patent Office to file patent application outside India.
(B) Foreign Filing License (FFL) requirement also arises for a proposed patent application for which the list of inventors having different nationalities. This can be explained in two scenarios. For example, consider one inventor has Indian citizenship and the other inventor has US citizenship.
B1: If the applicant insists priority filing in USA, the inventor holding Indian Citizenship should obtain Foreign Filing License from Indian patent office.
B2: If the applicant insists priority filing in India, the inventor holding US Citizenship should obtain Foreign Filing License from USPTO.