Skip to content

CS Professional · Intellectual Property Rights - Law and Practice · Indian Patent Law and its Developments

Kiran Industries made a first application in Country X on 5 January 2025 and a second for similar protection in Country Y on 20 March 2025, both convention countries. It files in India on 10 February 2026 with a complete specification. It states in the application the date and country of the Country Y application only, and says no earlier convention application was made. Which statement is correct?

Twelve months are counted from the earliest convention application, 5 January 2025, so a filing on 10 February 2026 is late for priority, and the statement naming only the later Country Y application and denying an earlier one is wrong under Section 136(1).

  1. AThe filing is within twelve months, as it is counted from the Country Y date, so the Section 136(1) requirements are satisfied
  2. BThe twelve months run from 5 January 2025, so the filing is out of time for priority, and the statement about no earlier application is incorrectCorrect
  3. CThe period is counted from the later application, but the statement is defective for omitting Country X
  4. DThe twelve months run from 5 January 2025, so the filing is within time, but only the statement is defective

Explanation

Under the Explanation to Section 135(1), where similar protection is sought in several convention countries, twelve months run from the earliest application: 5 January 2025, expiring 5 January 2026. Filing on 10 February 2026 is late for priority. Section 136(1) also requires specifying the first application and stating no earlier application was made, which the Country Y statement fails to do.

Did you get it right without looking?

One question tells you little. A timed set on Indian Patent Law and its Developments shows your real accuracy, how long you take and where you lose marks.

Practise Indian Patent Law and its DevelopmentsFree diagnostic mock

More Indian Patent Law and its Developments questions