Priority Document is a certified copy of the earlier-filed patent application, issued by the Indian Patent Office (IPO) and it has seal of Indian Patent office. When an international patent application is filed, at PCT/Convention country, copy of specification certified by the Controller to authenticate contents of specification, application number and priority date along with other details shall be submitted. And this certified copy of the specification is called as Priority Document.
The request to obtain Priority document shall be made in the national office of the applicant, filing where he claims priority. Where priority document is not in English language, an English translation of it, duly verified by the applicant or the person duly authorized by him shall be filed.
U/S 138 [Supplementary provisions as to convention applications], priority document should be submitted within three months from the date when required by the Controller. If the document is not in English, then a translated copy should be furnished.
U/R 19 [International applications filed with appropriate office as receiving office], International application shall be submitted in triplicate along with prescribed fee. On receipt of a request from the applicant and on payment of the prescribed fee by him, the appropriate office shall prepare a certified copy of the priority document and promptly transmit the same to the International Bureau of the World Intellectual Property Organization for the purpose of an international application filed with the appropriate office with an intimation to the applicant and the head office.
U/R 21 [Filing of Priority Document], priority document shall be obtained from the national office and shall be submitted by the applicant at PCT at the time of filing PCT application. Where priority document is not in the English language, an English translation of it, duly verified by the applicant or the person duly authorized by him shall be filed.
Instead of getting hard copies of Priority Document, one may request IPO to provide the code unique for each priority application and the code can be shared with second filing office (Convention or PCT). One can request for preparation and transmittal of DAS Code so that IPO will share directly with WIPO once as PCT Application Number is provided at the time of filing request. DAS code may be requested in advance to be entered in the PCT application while filing. IPO may share DAS Code directly with WIPO as well as with registered email ID. Priority document/DAS Code should be submitted to PCT within 16 months from the date of priority
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