Under Section 39(1) of the Patents Act, 1970, a person resident in India shall not apply for a patent…

Section 39(1) bars a person resident in India from applying abroad, except under "a written permit" granted by or on behalf of the Controller, unless an application for the same invention was made in India "not less than six weeks before" and no section 35 direction is in force or all have been revoked. A thirty-day gap or State Government permission does not satisfy the section.