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Meridian Biotech Pvt Ltd, Pune, files its first patent application in India on 10 March 2025 for a new process. It now wants protection in several PCT member countries and files an international application under the Patent Cooperation Treaty claiming priority of the Indian filing. Within what period from the Indian filing date must the PCT application be filed to validly claim that priority?

The PCT application must be filed within 12 months of the first Indian filing to claim its priority, because the Paris Convention priority period for patents is 12 months. The 30/31-month figure relates to national phase entry, not the priority claim.

  1. AWithin 12 monthsCorrect
  2. BWithin 6 months
  3. CWithin 18 months
  4. DWithin 31 months

Explanation

The PCT route relies on the Paris Convention priority period, which is 12 months from the first filing for patents. Hence the PCT application must be filed by 10 March 2026. The 31-month period is the usual time for entering the national phase counted from the priority date, not the time for claiming priority.

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