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Veda Pharma Pvt Ltd of Hyderabad files a convention application in India for a new drug formulation. Its basic application was made in Japan. Which of the following must the convention 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 application was made in a convention country by the applicant or his predecessor in title. A provisional specification alone is insufficient.

  1. AA provisional specification only, with the complete specification to follow after twelve months
  2. BA complete specification, the date and convention country of the first application, and a statement that no earlier application was made in a convention country by the applicant or his predecessor in titleCorrect
  3. COnly a certified copy of the Japanese specification, without a separate Indian complete specification
  4. DA complete specification and a declaration that the invention has been worked in India

Explanation

Section 136(1) requires a complete specification, specification of the date and convention country of the first application, and a statement that no earlier convention-country application was made by the applicant or a person from whom he derives title. A provisional specification alone is not enough, and working declaration is not part of this requirement.

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