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Sec 136, Patents Act 1970: Special Provisions - Convention Applications

Section 136 (Special provisions relating to convention applications) under Chapter XXII (International Arrangements) of the Patents Act, 1970 ⦂―

❝(1) Every convention application shall—
 (a) be accompanied by a complete specification; and
 (b) specify the date on which and the convention country in which the application for protection, or as the case may be, the first of such applications was made; and
 (c) state that no application for protection in respect of the invention had been made in a convention country before that date by the applicant or by any person from whom he derives title.

(2) Subject to the provisions contained in section 10, a complete specification filed with a convention application may include claims in respect of developments of, or additions to, the invention in respect of which the application for protection was made in a convention country, being developments or additions in respect of which the applicant would be entitled under the provisions of section 6 to make a separate application for a patent.

(3) A convention application shall not be post-dated under sub-section (1) of section 17 to a date later than the date on which under the provisions of this Act the application could have been made.❞



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Notes:

The Patents Act, 1970 was amended by :
- the Patents (Amendment) Act, 1999 (No. 17 of 1999);
- the Patents (Amendment) Act, 2002 (No. 38 of 2002);
- the Patents (Amendment) Act, 2005 (No. 15 of 2005).

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