From which of the following does the term of a patent start? I. Date of filing of Provisional…
Section 53(1) of the Patents Act, 1970 runs the term for twenty years "from the date of filing of the application", and section 45(1) dates the patent as of that date. Where…
Choose your answer
From which of the following does the term of a patent start?
I. Date of filing of Provisional specification.
II. Date of filing of Complete specification, if the Provisional specification is followed by the complete specification.
III. Date of entry in India in case of PCT national phase application.
IV. Date of filing in India in case of Convention application.
Answer and explanation
Correct answer C
Section 53(1) of the Patents Act, 1970 runs the term for twenty years "from the date of filing of the application", and section 45(1) dates the patent as of that date. Where a provisional specification is filed first, the application is filed on that date, not on the later filing of the complete specification. A convention application counts from its date of filing in India, not from the foreign priority date. A national phase application counts from the international filing date (section 138), not the date of entry into India.
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