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

Rohan Engineering's complete specification in a convention application includes, besides the original invention, claims for an improvement developed after the first foreign filing. When can these improvement claims be included?

Yes. Under section 136(2), and subject to section 10, the specification may claim developments or additions to the invention if the applicant would be entitled under section 6 to make a separate application for them.

  1. ANever, because only the original foreign invention can be claimed
  2. BYes, subject to section 10, if they are developments or additions for which the applicant could make a separate application under section 6Correct
  3. CYes, but only if the improvement is approved by the foreign patent office
  4. DYes, without any condition, since the claims are part of the same specification

Explanation

Section 136(2) allows a complete specification filed with a convention application to include claims for developments of, or additions to, the invention, subject to section 10, where the applicant would be entitled under section 6 to make a separate application. Foreign office approval is not mentioned. The 'no condition' view ignores the section 10 and section 6 requirements.

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