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Patents Act, 1970

Section - 8 - Information and undertaking regarding foreign applications

Information and undertaking regarding foreign applications.

8. (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.
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