(Guest)

Form 25-permission to file abroad

Dear All,

If we filed a continuation application for the already existing patent in USA (for which permission was taken), do we have to take permission from the Indian patent to file the continuation application (Form 25)?

If we missed, can we take permission while filing PCT.

Regards,
Navya.Ch

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2 Replies

Sy.patents (Freelance) 15 March 2012

Navya,

A continuation application contains only the subject matter already disclosed in the parent application. And you have already obtained foreign filing permission for the parent, so I do not see any reason why one should need foreign filing permission again for the same subject matter.

Hope this helps.

(Guest)

Dear Sir, The parent application deals with the active ingredient whereas the continuation in part application deals with the salt form of the active ingredient disclosed in the parent application. In such a case kindly inform if we have to take permission. Can you please inform to whom we should consult at the chennai patent office if we have any such queries. Is there any such provision at the patent office?