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Kaveri Textiles, a Chennai firm, has filed its first patent application in India on 10 March. It now wants protection in France and Japan and asks about priority. Under the Paris Convention, to which India is a party, within what period from the first filing may it file in those countries and claim the Indian filing date as priority for a patent?

Twelve months. Under the Paris Convention, an applicant who first files a patent in a member country such as India has twelve months to file in other member countries and claim the original filing date as priority. For designs and trademarks the period is six months.

  1. A6 months
  2. B12 monthsCorrect
  3. C18 months
  4. D30 months

Explanation

The Paris Convention gives a right of priority of 12 months for patents and utility models from the first filing in a member country. Six months applies to industrial designs and trademarks, so that option is the key distractor. Eighteen and 30 months relate to publication and PCT national phase timelines, not Paris priority.

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