CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property
Arjun, a Pune inventor, files his first patent application in India on 10 March. He wants to file for the same invention in a Paris Convention country and still claim the Indian filing date. Within what period from the first filing can he claim this priority for a patent?
The Paris Convention priority period for a patent is twelve months from the first filing in a member country. Arjun can file abroad within twelve months of 10 March and claim the Indian date. Six months applies to designs and marks, not patents.
- ASix months
- BTwelve monthsCorrect
- CEighteen months
- DThirty months
Explanation
Under the Paris Convention, the right of priority for patents and utility models is twelve months from the first filing in a member country. Six months is the priority period for industrial designs and trademarks, which is the tempting distractor. Eighteen and thirty months relate to other timelines, such as publication and PCT national phase.
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