Skip to content

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

Rohan Instruments filed a convention application in India with a complete specification. The specification includes a claim for an improvement to the invention first filed in a convention country. What does Section 136(2) require for such a claim to be permitted?

A complete specification with a convention application may include claims for developments or additions to the original invention, subject to Section 10, provided the applicant would be entitled under Section 6 to make a separate patent application for those developments or additions.

  1. AThe development must be one for which the applicant would be entitled under Section 6 to make a separate application, subject to Section 10Correct
  2. BThe development must have been already patented in the convention country
  3. CThe development must be filed through a separate Indian application within one month
  4. DDevelopments or additions can never be included in a convention application

Explanation

Section 136(2), subject to Section 10, allows claims for developments of or additions to the invention, provided the applicant would be entitled under Section 6 to make a separate application for them. Prior patenting abroad is not required.

Did you get it right without looking?

One question tells you little. A timed set on Indian Patent Law and its Developments shows your real accuracy, how long you take and where you lose marks.

Practise Indian Patent Law and its DevelopmentsFree diagnostic mock

More Indian Patent Law and its Developments questions