The term “Convention application” refers to any patent application which is filed in the convention countries.
According to Section 133 [Convention countries] of Indian Patents Act 1970, convention country is any country, which is a signatory or party or a group of countries, union of countries or intergovernmental organizations which are signatories or parties to an international, regional or bi-lateral treaty, convention or arrangement to which India is also a signatory or party and which affords to the applicants for patents in India or to citizens of India similar privileges as are granted to their own citizens or citizens to their member countries in respect of the grant of patents and protection of patent rights shall be a convention country or convention countries for the purposes of this Act. Convention country accords the same rights in respect of the grant of patents and protection of patent rights to citizens of India, as it accords to its own nationals.
For example:
- India and US, both are members of Paris convention and hence both are convention countries.
- Applicant from US can file patent application in India within 12 months from the date, he filed application in US and vice versa
- The members of convention countries shall grant similar privileges to citizen of India as granted to its own citizens in respect of the grant of patents and the protection of patent rights.
Section 135 of Indian Patents Act defines the term Convention Application. According to Section 135, the applicant usually files patent application for the first time in his/her national office and claims priority. This application is called as “Basic Application”. Within 12 months of filing basic application, he/she can file application in one or more convention countries. Where applications for protection have been made in one or more convention countries in respect of two or more inventions which are cognate [similar] or of which one is a modification of another, a single convention application may [subject to the provisions contained in section 10, Contents of specifications] be made in respect of those inventions at any time within 12 months from the date of the earliest of the said applications for protection.
For example:
- Robert files a patent application: 15th July 2005
- Basic Application and 15th July 2005 is Priority Date
- Robert has 12 months’ time from 15th July 2005 to file application in any of the convention countries.
- Applications filed in other convention countries are called Convention Applications
- Priority date of all application in such a case shall be 15th July 2005.
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