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Kavita Pharma's convention application in India was filed with a complete specification claiming a development of its Singapore-filed invention. The company wishes to post-date the application under section 17(1) to a later date. What is the position under section 136?

A convention application can be post-dated under section 17(1), but not to a date later than the date on which the application could have been made under the Act, as section 136(3) sets this limit.

  1. AIt may be post-dated to any date the applicant chooses
  2. BIt cannot be post-dated at all under any circumstances
  3. CIt may be post-dated, but not to a date later than the date on which the application could have been made under the ActCorrect
  4. DIt may be post-dated only if the Controller grants the patent first

Explanation

Section 136(3) says a convention application shall not be post-dated under section 17(1) to a date later than the date on which, under the Act, the application could have been made. So post-dating is possible, but only within that limit. Allowing any date would ignore this ceiling.

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