Company X is having place of business at US and filed initial application at USPTO and after six months…
Section 135(2) of the Patents Act, 1970 allows a single convention application in India for inventions that are cognate or one of which is a modification of another, where…
Choose your answer
Company X is having place of business at US and filed initial application at USPTO and after six months from the US application, the company has done some modification and filed patent application for the same at Japan. Within 12 months from the date of US filing, Company X filed an Indian application claiming priority of earlier two applications from US and Japan.
1. Company X is allowed to claim priority of US application only.
2. Company X is allowed to claim both the priorities.
Answer and explanation
Correct answer B
Section 135(2) of the Patents Act, 1970 allows a single convention application in India for inventions that are cognate or one of which is a modification of another, where protection was applied for in one or more convention countries, if made "within twelve months from the date of the earliest of the said applications". Company X filed in India within twelve months of the earlier US application, so it may claim priority from both the US and the Japanese applications (multiple priorities are also allowed by Article 4F of the Paris Convention). Statement 1 is false and Statement 2 is true.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Patent Agent
-
CUET PG Law (LL.M.)
Subject revision