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Kaveri Tech filed a basic application in the USA on 10 March and later filed a similar application in Germany on 20 May for the same invention. It wants priority in India for a claim based on matter in the basic application. By when must the Indian application be made?

The Indian application must be made within twelve months from 10 March, the date of the earliest convention-country application. Where similar applications are filed in several convention countries, the twelve-month period is reckoned from the earlier or earliest of them, not the later one.

  1. AWithin twelve months from 20 May, the later application
  2. BWithin twelve months from 10 March, the earliest applicationCorrect
  3. CWithin eighteen months from 10 March
  4. DWithin twelve months from the date of publication of the German application

Explanation

Under the Explanation to Section 135(1), where similar applications are made in two or more convention countries, the twelve months run from the earlier or earliest application, here 10 March in the USA. Counting from 20 May is the key error.

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