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Veda Pharma Ltd, an Indian company, files a convention application for a patent in India. Which of the following must the application contain under Section 136(1)?

A convention application must be accompanied by a complete specification, specify the date and convention country of the first application, and state that no earlier convention-country application for the invention was made by the applicant or his predecessor in title.

  1. AA provisional specification only, with the complete specification to follow within twelve months
  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 his predecessor in titleCorrect
  3. COnly a statement of the convention country, since the specification may be furnished later on request
  4. DA certificate from the head of the foreign patent office, filed along with the application in every case

Explanation

Section 136(1) requires a complete specification, a specification of the date and convention country of the first application, and a statement that no earlier application was made in a convention country before that date by the applicant or a person from whom he derives title. A provisional specification alone is not enough. Certified documents are furnished only when the Controller requires them, under Section 138.

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