Amit, an Indian Resident, wants to make an application outside India for the grant of a patent for an invention. Explain whether he can apply outside India as provisions of the Patents Act, 1970? What will be your answer

Section 39 of the Patents Act, 1970 provides that 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- 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 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has been given under sub-section (1) of section 35 in relation to the application in India, or all such directions have been revoked. The Controller shall dispose of every such application within such period as may be prescribed: It may be noted 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. Section 39 (3) of the Patent Act clarifies that the provisions of section 39 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. In this case, yes, Amit can apply outside India subject to above conditions.