India-Patents-Section 136

Special provisions relating to convention application

(1) Every convention application shall—

  1. be accompanied by a complete specification; and
  2. specify the date on which and the convention country in which the application for protection, or as the case may be, the first of such applications was made; and
  3. state that no application for protection in respect of the invention had been made in a convention country before that date by the applicant or by any person from whom he derives title.

(2)Subject to the provisions contained in 10, a complete specification filed with a convention application may include claims in respect of developments of, or additions to, the invention in respect of which the application for protection was made in a convention country, being developments or additions in respect of which the applicant would be entitled under the provisions of 6 to make a separate application for a patent.

(3)A convention application shall not be post-dated under sub- (1) of 17 to a date later than the date on which under the provisions of this Act the application could have been made.