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CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property

Arjun files a patent application in India on 10 January. Under the Paris Convention right of priority, he wishes to file for the same invention in another member country. Within what period from the first filing can he claim the priority date for a patent?

The priority period for a patent under the Paris Convention is 12 months from the first filing. Within that time a later application in another member country can claim the earlier filing date. Six months applies only to designs and trademarks.

  1. A6 months
  2. B12 monthsCorrect
  3. C18 months
  4. D24 months

Explanation

The Paris Convention gives a 12-month priority period for patents and utility models. Six months applies to industrial designs and trademarks, so the 6-month option is wrong for a patent.

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