Section 8 – THE PATENTS ACT, 1970

Information and undertaking regarding foreign applications

(1) Where an applicant for a
patent under this Act is prosecuting either alone or jointly with any other person an
application for a patent in any country outside India in respect of the same or substantially
the same invention, or where to his knowledge such an application is being prosecuted by
some person through whom he claims or by some person deriving title from him, he shall
file along with his application or subsequently within the prescribed period as the
Controller may allow—
(a) a statement setting out detailed particulars of such application; and
(b) an undertaking that, up to the date of grant of patent in India, he would
keep the Controller informed in writing, from time to time, of detailed
particulars as required under clause (a) in respect of every other application
relating to the same or substantially the same invention, if any, filed in any
country outside India subsequently to the filing of the statement referred
to in the aforesaid clause, within the prescribed time.
(2) At any time after an application for patent is filed in India and till the grant of a patent or
refusal to grant of a patent made thereon, the Controller may also require the applicant
to furnish details, as may be prescribed, relating to the processing of the application in a
country outside India, and in that event the applicant shall furnish to the Controller
information available to him within such period as may be prescribed.

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