An application claiming the priority over another applicant filed in one or more convention countries is known as Convention application. A convention country is a signatory or a party to an international or bi-lateral treaty or convention or arrangement to which India is a signatory or party whereby privileges granted to their citizens are likewise granted to Indian citizens. A convention patent application has to be filed within 12 months from the date of first filing of basic application. In case, if the application was not made within twelve months from the date of the first application for protection for the invention made in a convention country by the applicant or a person from whom he derives title, the application can be opposed.
DOCUMENTS REQUIRED BEFORE 12 MONTHS
- Details of applicant and inventors
- Patent specification, claim and drawings
- Date of filing
- Country of filing
- Applicant in convention countries
- Title of invention.
If two or more applications have been made with respect of inventions in more than one convention country, and the inventions are related to constitute one invention, one application may be made within a period of twelve months from the date on which the earlier or earliest of such applications was made.
DOCUMENTS REQUIRED AFTER 12 MONTHS
- FORM 1
- FORM 2: complete specification
- FORM 3:statement and undertaking
- FORM 26: power of attorney
- Proof of right to file the application from inventor
- PRIORITY DOCUMENTS (under Paris Convention)
- FORM 5: if a request is made to the controller in FORM 4, extension of period for renewal fee