Convention applications
Section 135 of the Patents Act, 1970 deals with convention applications. Without prejudice to the provisions contained in section 6, where a person has made an application for a patent in respect of an invention in a convention country (hereinafter referred to as the "basic application"), and that person or the legal representative or assignee of that person makes an app The Act came into force on 01 Apr 1978.
(1) Without prejudice to the provisions contained in section 6, where a person has made an application for a patent in respect of an invention in a convention country (hereinafter referred to as the "basic application"), and that person or the legal representative or assignee of that person makes an application under this Act for a patent within twelve months after the date on which the basic application was made, the priority date of a claim of the complete specification, being a claim based on matter disclosed in the basic application, is the date of making of the basic application.
Explanation.--Where applications have been made for similar protection in respect of an invention in two or more convention countries, the period of twelve months referred to in this sub-section shall be reckoned from the date on which the earlier or earliest of the said applications was made.
(2) Where applications for protection have been made in one or more convention countries in respect of two or more inventions which are cognate or of which one is a modification of another, a single convention application may, subject to the provisions contained in section 10, be made in respect of those inventions at any time within twelve months from the date of the earliest of the said applications for protection:
Provided that the fee payable on the making of any such application shall be the same as if separate applications have been made in respect of each of the said inventions, and the requirements of clause (b) of sub-section (1) of section 136 shall, in the case of any such application, apply separately to the applications for protection in respect of each of the said inventions.
1[(3) In case of an application filed under the Patent Cooperation Treaty designating India and claiming priority from a previously filed application in India, the provisions of sub-sections (1) and (2) shall apply as if the previously filed application were the basic application:
Provided that a request for examination under section 11B shall be made only for one of the applications filed in India.]
Section 135, The Patents Act, 1970 (Act 39 of 1970).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… E. Page No. 7 of 37 facie case (ii) the balance of convenience lies in its favour, and (iii) it would suffer irreparable injury if injunction is not granted. He has drawn my attention towards Sections 11A, 25, 43, 48, 64, 107, 108, 131 & 135 of the Patents Act, 1970. In order to buttress his arguments, he has cited the following authorities. In <u>Dalpat Kumar and Another vs. Prahlad Singh and others</u> (1992) 1 Supreme Court Cases 719, it was held:- "The phrases "prima facie case", "balance of convenience" and "irreparable loss" are not …
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… He has drawn my attention towards Sections 11A, 25, 43, 48, 64, 107, 108, 131 & 135 of the Patents Act, 1970. In order to buttress his arguments, he has cited the following authorities. 7. In <u>Dalpat Kumar and Another vs. Prahlad Singh and others</u> (1992) 1 Supreme Court Cases 719, it was held:- "The phrases "prima facie case", "balance of convenience" and "irreparable loss" are not rhetoric …
Questions about Section 135
What does Section 135 of the Patents Act deal with?
Section 135 of the Patents Act is headed "Convention applications". Without prejudice to the provisions contained in section 6, where a person has made an application for a patent in respect of an invention in a convention country (hereinafter referred to as the "basic application"), and that person or the legal representative or assignee of that person makes an app
How do I find court cases under Section 135 of the Patents Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Patents Act 135, section 135 Patents Act, section 135 of the Patents Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 135 of the Patents Act, and has it changed?
Its own text turns on section 6 (Persons entitled to apply for patents), section 10 (Contents of specifications), section 11B (Request for examination), section 136 (Special provisions relating to convention applications), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it.
When did Section 135 of the Patents Act come into force?
Section 135 of the Patents Act, cited as Patents Act 135, came into force on 01 Apr 1978, having been enacted on 19 Sep 1970. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.