Convention countries and international arrangements
How India recognises filings made elsewhere.
The Central Government notifies convention countries, and an applicant who has filed in one can claim that filing date in India within the convention period.
Multiple priorities can be claimed for different parts of a single application, which matters when an invention developed in stages.
The rest of the Act applies to convention applications with the modifications the Act specifies.
The provisions that govern this
Act sections and Rules are listed separately, as they always are on this site. Open a provision for its own explanation, example and deadlines.
Patents Act, 1970 — sections
- 5Inventions where only methods or processes of manufacture patentable
- 24AApplication for grant of exclusive rights
- 24BGrant of exclusive rights
- 24CCompulsory licences
- 24DSpecial provision for selling or distribution
- 24ESuits relating to infringements
- 24FCentral Government and its officers not to be liable
- 49Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India
- 92ACompulsory licence for export of patented pharmaceutical products in certain exceptional circumstances
- 98Provision relating to licences of right
- 107ACertain acts not to be considered as infringement
- 133Convention countries
- 134Notification as to countries not providing for reciprocity
- 135Convention applications
- 136Special provisions relating to convention applications
- 137Multiple priorities
- 138Supplementary provisions as to convention applications
- 139Other provisions of Act to apply to convention applications
- 157AProtection of security of India
Patents Rules, 2003 — rules
- 12Statement and undertaking regarding foreign applications
- 17Definitions
- 18Appropriate office in relation to international applications
- 19International applications filed with appropriate office as receiving office
- 19AIndian International Searching Authority
- 19BInternational search report
- 19CTime limit for establishing international search report
- 19DTransmittal of the international search report and written opinion
- 19FIndian International Preliminary Examining Authority
- 19GPeriod for making a demand
- 19HFees payable to Examining Authority
- 19IManner of making a demand
- 19JProcessing of demands for international preliminary examination
- 19KInternational preliminary examination report
- 19LPeriod for establishing international preliminary examination report and its transmission
- 19MTransmittal of the international preliminary examination report
- 19NConditions for and extent of refund
- 20International applications designating or designating and electing India
- 21Filing of priority document
- 22Effect of non-compliance with certain requirements
- 23The requirements under this Chapter to be supplemental of the regulations, etc., under the Treaty
- 39Omitted
- 40Omitted
- 41Omitted
- 42Omitted
- 43Omitted
- 44Omitted
- 45Omitted
- 46Omitted
- 47Omitted
- 48Omitted
- 49Omitted
- 50Omitted
- 51Omitted
- 52Omitted
- 53Omitted
- 54Omitted
- 121Period within which copies of specification, etc., are to be filed
- 133Supply of certified copies and certificates under sections 72 and 147
Coordinating filings across several countries?
MYCrave Consultancy & Services handles this work every day — 22,000+ IP applications filed for 11,000+ clients across India.