CONVENTION APPLICATION

Introduction

An application claiming priority over another application filed in one or more convention countries is known as a Convention Application. 

A Convention Country is a signatory or a party to an international or bilateral treaty or arrangement to which India is a signatory or party whereby privileges granted to their citizens are likewise granted to Indian citizens. A conventional patent application has to be filed within 12 months from the date of the first filing of the basic application. 

In such cases, the application filed in a foreign country will be treated as new even if it is applied for patenting in India later on. India considers the foreign filing date to be the priority date. Priority date establishes the cut-off line for deciding the novelty of the invention. Any public disclosure before this date amounts to the invention's non-patentability. 

In case, the application was not made within twelve months from the date of the first application for protection for the invention made in a conventional country by the applicant or a person from whom he derives title, the application can be opposed.

EXAMPLE

If scientist ‘A’ has filed for patenting his discovery of a high-tech motor in the USA on the 1st of January 2025 and applies for the patent in India on the 7th of October 2025. Now because the patent is filed within 12 months and the USA is a party to the Paris Convention the date of filing in the USA i.e. 1st of January will be considered as a priority date in India and no one can disclose any rights or material relating to the invention after this date.

According to sub-section 2 of Section 135 of the Patents Act if there is more than one invention that is more or like improvements of one another then all those can be combined in a single application and can be filed in India subject to the fact that fees should be payable as if separate applications were filed and rules regarding this have to be followed to show that all the inventions are different.

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.

Documents Required After 12 Months

• FORM 1: Patent Application filed by an Inventor before the Indian Patent Office
• FORM 2: Complete Specification
• FORM 3: Statement and Undertaking
• FORM 26: Power of Attorney
• Proof of Right from the Inventor to file an application
• Priority Documents (under the Paris Convention) 
• FORM 5: If a request is made to the controller in FORM 4, an extension of the period for the renewal fee 
• Signature, Name, and Date- of applicant or patent agent or authorized person