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Company X has its place of business in the US and filed an initial application at the USPTO and after…

Section 137(1) of the Patents Act, 1970 allows one convention application based on two or more applications in convention countries, if the inventions are so related as to…

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Company X has its place of business in the US and filed an initial application at the USPTO and after six months from the US application, the Company has done some modification and filed another application at USPTO. Within 12 months from the date of first US filing, Company X filed an Indian application claiming priority from earlier two applications from US:

1. Company X is allowed to claim only the earlier priority and therefore the Controller refused it.

2. Company X is allowed to claim both the priorities and priority date of the application is the date on which it was first disclosed.

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Answer and explanation

Correct answer B

Section 137(1) of the Patents Act, 1970 allows one convention application based on two or more applications in convention countries, if the inventions are so related as to form one invention, to be made "within twelve months from the date on which the earlier or earliest of those applications was made". Company X may therefore claim both US priorities, and Statement 1 is false.

Under section 137(2), the priority date of a claim based on matter in the basic applications "is the date on which that matter was first so disclosed", so Statement 2 is true.

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