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Meera Textiles Pvt Ltd of Surat files an application for a patent in India, claiming a convention date based on its first application in Japan. Which of the following must the Indian convention application contain under the Patents Act, 1970?

A convention application must come with a complete specification, must specify the date and convention country of the first application, and must state that no earlier application in a convention country was made by the applicant or the person from whom he derives title.

  1. AA provisional specification only, with the complete specification to follow after grant
  2. BA complete specification, the date and convention country of the first application, and a statement that no earlier application for the invention was made in a convention country by the applicant or the person from whom he derives titleCorrect
  3. COnly a declaration of the Japanese application number, with no statement about earlier applications
  4. DA complete specification and a certificate from the Controller that Japan is a convention country, obtained before filing

Explanation

Section 136(1) requires every convention application to be accompanied by a complete specification, to specify the date and the convention country of the first application, and to state that no earlier application for the invention was made in a convention country by the applicant or his predecessor in title. A provisional specification alone does not satisfy the section, and the Act prescribes no prior Controller certificate.

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