Convention Patent explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
A convention application lets an applicant who has filed abroad claim the foreign filing date in India. Paragraphs 07.01.01 to 07.01.06 of the Manual explain which countries count, when the Indian filing must be made, what must accompany it and what happens where there are several basic applications.
A convention application must be made in India within twelve months of the basic application, and it takes the basic application's date as the priority date for claims based on matter disclosed there. It needs a complete specification, a statement of the first filing date and country, and an abstract; the Controller may call for a certified copy of the priority document and an English translation. Its term runs from the Indian filing date. The Manual is the Patent Office's guidance and does not have the force of law; the Patents Act, 1970 and the Patents Rules, 2003 as now in force prevail.
Check the current Manual on ipindia.gov.in. The statute is in section 135, section 136 and section 137. For filing support, see our patent drafting and filing service; the general explainer is convention applications and Paris Convention priority.
The treaties behind it (07.01.01)
The Manual records that India joined the Paris Convention and the Patent Co-operation Treaty in 1998, the WTO Agreement in 1995 and the Budapest Treaty on the deposit of micro-organisms in 2001. The Paris Convention provides reciprocity in filing with the right of priority. The Budapest Treaty gives a mechanism for depositing biological material with recognised depository authorities to supplement the description.
Which countries count (07.01.02)
A convention country is any country, group of countries, union or inter-governmental organisation that is a party to an international, regional or bilateral treaty, convention or arrangement to which India is also a party, and that gives applicants in India and Indian citizens privileges similar to those it gives its own. The Manual notes that, at the time of writing, India was a member of the WTO and the Paris Convention and a contracting state to the PCT, and that any member of those instruments is a convention country for the Act. Check the current list before relying on a country's status.
The twelve-month rule (07.01.03)
- If a person made a basic application in a convention country and that person, or the legal representative or assignee, applies in India within twelve months after that date, the priority date of a claim based on matter disclosed in the basic application is the date of the basic application.
- Where similar applications were made in two or more convention countries, the twelve months run from the earliest.
- Where applications in convention countries concern two or more inventions that are cognate or where one modifies another, a single convention application may be made within twelve months of the earliest, but the fee is the same as if separate applications had been made for each.
Documents to submit (07.01.04)
| Requirement | What the Manual says |
|---|---|
| Specification | A complete specification (a provisional cannot be filed with a convention application) |
| Particulars | The date of the first application and the convention country, with a statement that no earlier protection application for the invention was made in a convention country by the applicant or the person from whom the title derives |
| Developments | The complete specification may include claims to developments or additions for which a separate application could have been made under section 6 |
| Abstract | Must accompany the application |
| Priority document | A certified copy, if the Controller requires it, within three months of the Controller's communication; check against the rules 121 to 125 post |
| Translation | A verified English translation if the priority document is in another language |
The Manual's separate list of filing documents (see Chapter 3 on documents required for filing) adds that a priority document is required for a convention application and that the inventorship declaration and proof of right apply here as in any application.
Multiple priorities (07.01.05)
Where two or more basic applications in one or more convention countries constitute one invention, one Indian application may be filed within twelve months of the earliest. The priority date of a claim based on matter in one or more basic applications is the date on which that matter was first disclosed. A matter counts as disclosed in a basic application if it was claimed or disclosed in that application, or in documents filed with it in support, but not by way of disclaimer or acknowledgement of prior art. Documents filed in support are taken into account only if a copy is filed at the Indian Patent Office with the convention application or within the prescribed period.
This sits alongside the Manual's general priority rules in Chapter 5 on priority dates.
Other conditions (07.01.06)
- The term is twenty years from the date of filing in India.
- A convention application can be divided, and the divided application keeps the same priority date.
- It cannot be post-dated under section 17(1) to a date later than the date on which the application could have been made under the Act.
What the examiner checks and how it is answered
| Examiner's question | The applicant's answer |
|---|---|
| Was the Indian filing within twelve months of the basic application? | The filing dates, with the priority document |
| Does the application state the first date and country and the no-earlier-filing statement? | Correct the particulars in the form |
| Is the priority document in English? | A verified translation |
| Is each claim based on the basic application? | Map claims to the basic text; claims that go beyond take the Indian filing date |
| Have later foreign filings for the same invention been reported? | The statement on foreign applications, kept up to date |
The statement on foreign applications is made on Form 3. Its timing was changed in 2024, so read rule 12 for the position as now in force, which prevails over the Manual.
Worked example
Hiroshi Components KK files its basic application in Japan in January. In December of the same year, its Indian agent files a convention application with a complete specification, states the Japanese filing date and country, and supplies the certified priority document with an English translation after the Controller asks for them. Two claims go beyond what the Japanese application disclosed; the examiner treats those two as carrying the Indian filing date, and the rest carry January.
Need help with convention filings?
The priority claim depends on the twelve-month window. Our patent drafting and filing team can prepare the Indian filing from your foreign application and the priority papers in good time.
Key takeaways
- A convention application is made in India within twelve months of the basic application.
- It needs a complete specification and the particulars of the first filing, plus a priority document and translation if the Controller asks.
- Multiple basic applications for one invention can be combined in one Indian application within twelve months of the earliest.
- Term runs from the Indian filing date; a divided application keeps the priority date.
- The Act and Rules as now in force prevail over the Manual.
Read next
- Chapter 7: PCT international application from India
- Chapter 7: PCT national phase application in India
- Chapter 5: priority dates of claims
- Convention application and Paris Convention priority
Disclaimer: Based on the manuals and guidelines published by the Office of the Controller General of Patents, Designs and Trade Marks that are named in the article, as consulted on 4 October 2026. They are guidance and do not have the force of law; the Patents Act, 1970 and the Patents Rules, 2003 as amended (including the 2024 amendment rules) prevail, and the current versions on ipindia.gov.in should be checked. This article is general information, not legal advice; check the official text before acting.