Category: Patent Law on Convention Applications

Section 133 – Convention Countries

Any country or group of Countries or union of Countries or Intergovernmental Organisations, which has signed or would sign an international, regional or bi-lateral treaty (agreement) along with India; that allows the applicants of Patents of India to enjoy the same privileges upon grant of patents with the same protection, rights etc., for patent owners…

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Section 134 – Notification as to Countries not providing for reciprocity.

If any Country as specified on the notification of the Central Government in the Official Gazette as a convention country does not provide the same rights (grant, protection of patents) as to their Country Citizens to Indian citizens, no citizen of that Country shall be entitled to, apply for grant of a patent; be registered as…

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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…

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Section 136 – Special Provisions relating to Convention application

All Convention applications shall, Contain a Complete specification;  specify the date and the Convention Country in which the application for protection for the first application is made; bare a statement that no application for protection for  the same invention had been made in a convention country before that date mentioned by the applicant or any…

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Section 138 – Supplementary Provisions as to Convention Applications.

If a Convention application is filed and if the Controller requires the applicant to furnish copies of all supporting documents, copies of specifications along with the Complete specification which are so deposited by the applicant to the patent office of the Convention Country; the applicant shall furnish all such documents as verified to the satisfaction of…

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