IP Intelligence › In Simple Words › Convention application
In simple words
Convention application
You filed in India. You now want the same date in Germany. The Paris Convention is the reason you can.
- In simple words
- An application filed in India claiming priority from an application filed earlier in a convention country, within twelve months of that earlier filing.
- Think of it as
- Carrying your first filing date across a border.
- Why it matters
- The twelve-month window is the single most important date in international patent strategy. It is not extendable in any practical sense, and it applies in both directions - into India from abroad, and out of India.
- A simple example
- A US provisional filed on 3 February gives you until 3 February the following year to file in India claiming that priority, or to file a PCT application designating India.
- Common mistake
- Assuming a PCT filing removes the twelve-month deadline. It does not - a PCT application must itself be filed within the twelve months to claim priority.
- Where it comes from
- Patents Act 1970, sections 133 to 135; Paris Convention, Article 4
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
Related
PCT
A treaty procedure that lets you file one international application that has the effect of a filing in every contracting state, and then decide later which countries…
Priority date
The earliest date to which a claim is entitled - usually the date of your first filing for that subject matter. Prior art is judged against it.
Foreign filing permission
A person resident in India may not apply outside India for a patent for an invention without written permission from the Controller, unless an application for the sa…
The twelve months that decide your international position
Twelve months from your first filing, you must either file in each country you care about, or file a PCT application that preserves the option. There is no third cho…
Keep going.
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Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.
Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.