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Ritu Bio Ltd files a valid convention application in India and later is granted a patent on it. Regarding the other provisions of the Patents Act, 1970, what is the effect of Section 139?

Under Section 139, all provisions of the Patents Act, 1970 apply to a convention application and the resulting patent just as to an ordinary application and patent, except where the convention chapter provides otherwise.

  1. AOnly Chapter XXIII provisions apply to the convention application and the patent
  2. BAll provisions of the Act apply, except as otherwise provided in the convention chapter, as they apply to an ordinary application and the patent granted on itCorrect
  3. CProvisions on opposition and revocation do not apply to a patent granted on a convention application
  4. DA convention patent is governed by the convention country's law on duration

Explanation

Section 139 says that, save as otherwise provided in the Chapter, all provisions of the Act apply to a convention application and a patent granted on it as they apply to an ordinary application and patent. So opposition and revocation apply too, and the other options wrongly exclude general provisions.

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