Section 39 Patents Act 1970 deals with FOREIGN FILING permission. Where the patentee is resident of India and intends to file an application for patent abroad, prior written permission of the Controller is required UNLESS the application has been filed in India:

1. Section 39(1) Patents Act 1970: '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 — (a) 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 (b) 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has been given under sub-section (1) of section 35 in relation to the application in India, or all such directions have been revoked.' 2. The provision ensures the Indian Patent Office has time to consider secrecy directions under Section 35 (atomic energy, defence, etc.). 3. Violation under Section 118 attracts imprisonment up to 2 years or fine or both. 4. The 6-week clearance period balances national security and inventor's right to foreign protection. 5. Hence option A is correct. _Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Patents Act 1970, Section 39_