What are Convention Application?

Convention Patent filing grants the benefit of the basic application by preserving its priority date while filing Patents internationally. India holds the position of the member party to the Paris Convention, therefore, one can file such in other convention countries within 12 months of filing the initial Patent application in India.

What is a Convention Patent Application?

The rights over patents are limited to the country that granted them. The solution to this obstacle is to apply for international Patent filing for Patent ownership. Convention Patent Application is a mode of such international Patent filing that allows an individual to make international Patent filings, granted to the countries party to the Paris Convention.

How is the convention application filed in India?

The filing of the conventional patent application follows the provisions under section 135 of the Patent Act 1970. The application is filed by exercising priority from a more initial patent application filed in a convention country.

Within 12 months from the date of filing a priority patent application in a foreign country, the conventional patent application can be filed with the Indian Patent Office.

For multiple international patent applications, the convention patent application must be filed within 12 months of the earliest priority date.

What are the required documents for filing a Convention patent application in India?

Along with the convention application for patent registration, drafted in English language containing an abstract, interests, patent representation, and detailed information of the best procedure to carry out the invention, the following documents are required to be submitted:

  1. Name, Nationality, and detailed Address of Inventors. If the patent applicant is a different person from the inventor, then the same details of the applicant
  2. Details of the Priority Patent Application, including:
  3. Filing Number of Applications 
    • Filing Date
    • Jurisdiction
  4. Priority Documents - certified copy
  5. If the application is not in English - True Translation Copy of Complete Specification recorded in a conventional country
  6. Proof of Rights
  7. Power of Attorney 

Does the Convention Patent Application have any advantage?

Convention Patent applications are equipped to overcome the obstacle of claiming priority in the Patent registration process. For the reason that it is already acknowledged by the basic application. Moreover, the 12-month time period gives a reasonable time to decide the countries the applicant wishes to seek patent protection and take the required steps accordingly to secure the same.

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