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CS Professional · Intellectual Property Rights - Law and Practice · Role of International Institutions

Arjun, an Indian inventor, files a patent application in India on 5 January 2024. He files the corresponding application in Germany on 20 November 2024, claiming the Indian filing as priority. In the Paris Convention framework, what is the effect of the German filing?

The German application gets the benefit of the Indian filing date of 5 January 2024 for priority. The filing falls within the twelve-month priority period for patents under the Paris Convention, and the Indian patent need not have been granted for this right to operate.

  1. AIt is treated as filed on 5 January 2024 for priority purposesCorrect
  2. BIt is treated as filed on 20 November 2024 and the Indian filing is ignored
  3. CIt is invalid because Germany does not recognise foreign filings
  4. DIt is valid only if the Indian patent has already been granted

Explanation

The gap from 5 January to 20 November 2024 is under twelve months, so it falls within the priority period for patents. The German application therefore gets the Indian filing date for priority purposes. Grant of the Indian patent is not required.

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