Section 135 – Convention Applications

  • When application for protection of patent rights has been filed by the patentee or assignee or legal representative in any convention country, it should be made within 12 months from the date of filing same complete specification of a patent application in India.
  • When application for protection is made in one or more convention countries for two or more inventions which are modifications of one another, a single convention application shall be filed within 12 months from the date of filing the first invention’s patent application in India. However the fee payable shall be as if each a convention application is made for each application separately mentioning the dates of filing for each application in India separately.
  • If an application is filed under the PCT designating India and for the date of filing an earlier application in India same conditions as mentioned above shall be applicable; however the request for examination shall be made for only one of the applications filed in India instead for all the applications together.

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