Page:Patents Act 1970 (India).pdf/57

From Wikisource
Jump to navigation Jump to search
This page has been validated.


Provided that the fee payable on the making of any such application shall be the same as if separate applications have been made in respect of each of the said inventions,and the requirements of clause (b) of sub-section (1) of section 136 shall, in the case of any such application,apply separately to the applications for protection in respect of each of the said inventions.

136. Special provisions relating to convention applications

(1) Every convention application shall

a. be accompanies by a complete specification;and
b. 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
c. 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 section 10, a complete specification filed with a convention application may include claims in respect of developments or,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 section 6 to make a separate application for a patent.

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

137. Multiple priorities

(1) Where two or more applications for patents in respect of inventions have been made in one or more convention countries and those inventions are so related as to constitute one invention, one application may be made by any or all of the persons referred to in sub-section (1) of section 135 within twelve months from the date on which the earlier or earliest of those applications was made,in respect of the inventions disclosed in the specifications which accompanied the basic application.

(2) The priority date of a claim of the complete specification,being a claim based on matters disclosed in one or more of the basic applications, is the date on which that matter was first so disclosed.

(3) For the purposes of this Act,a matter shall be deemed to have been disclosed in a basic application for protection in a convention country if it was claimed or disclosed (otherwise than by way of disclaimer or acknowledgement of a prior art) in that application,or any documents submitted by the applicant for protection in support of and at the same time as that application,but no account shall be taken of any disclosure effected by any such document unless a copy of the document is filed at the patent office with the convention application or within such period as may be prescribed after the filing of that application.

138. Supplementary provisions as to convention applications

(1) Where a convention application is made in accordance with the provisions of this Chapter,the applicant shall furnish,in addition to the complete specification, copies of the specifications or corresponding documents filed or deposited by the applicant in the patent office of the convention country in which the basic application was made,certified by the official chief or head of the patent office of the convention country, or otherwise verified to