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Meera Labs files a convention application in India. It has made an earlier application for the same invention in a convention country and the Indian specification describes it accurately. It asks the Controller to post-date the application under Section 17(1) to a date later than the date on which the application could have been made under the Act. How does Section 136(3) treat this request?

The request cannot be allowed. Section 136(3) bars post-dating a convention application under Section 17(1) beyond the date on which the application could have been made under the Act, and neither fee payment nor foreign certification overrides this.

  1. AAllowed, since post-dating is always at the applicant's option
  2. BAllowed only if the applicant pays an additional fee
  3. CNot permitted, since a convention application cannot be post-dated to a date later than the date on which it could have been made under the ActCorrect
  4. DAllowed only if the convention country's patent office certifies the later date

Explanation

Section 136(3) provides that 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. No fee or certificate changes this.

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