Sections 133 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.
Section 133 says which countries count as convention countries for the Act: a country, or a group, union or inter-governmental organisation, that is a signatory or party to an international, regional or bilateral treaty, convention or arrangement to which India is also a signatory or party, and that gives applicants for patents in India or citizens of India similar privileges. Section 134 lets the Central Government, by notification, name a country that does not accord Indians the same rights; nationals of that country then cannot apply for, hold or deal in patents under the Act. If you plan to claim priority from a foreign filing, our patent drafting and filing team can help you check the position.
s.133: a convention country is any country, or group, union or inter-governmental organisation, that is a signatory or party to a treaty, convention or arrangement to which India is also a signatory or party and that affords to applicants for patents in India or to citizens of India similar privileges as it grants to its own citizens or its member countries' citizens. s.134: where a country specified by the Central Government by notification does not give Indian citizens the same rights as its own nationals, no national of that country may apply for a patent, be registered as proprietor or assignee, or apply for or hold a licence.
Amendments to know
Section 133 is shown in square brackets with a footnote: substituted for the earlier section 133 by the Patents (Amendment) Act, 2005 (15 of 2005), section 68, with effect from 1 January 2005. The earlier text is not reproduced in the source, and this article does not describe it. Section 134 carries no amendment footnote. The Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023 did not change either section. "Convention country" is also a defined term in section 2(1); see our article on the definitions of convention, PCT and priority date.
Section 133: what is a convention country
"Any country, which is a signatory or party or a group of countries, union of countries or inter-governmental organisations 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."
Breaking it into parts:
| Element | What the text says |
|---|---|
| Who may qualify | A country that is a signatory or party, or a group of countries, union of countries or inter-governmental organisations that are signatories or parties |
| Instrument | An "international, regional or bi-lateral treaty, convention or arrangement" |
| India's position | India is "also a signatory or party" to the same instrument |
| Reciprocity test | It "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" |
| Subject matter | "in respect of the grant of patents and protection of patent rights" |
| Result | It "shall be a convention country or convention countries for the purposes of this Act" |
Three features stand out.
- Two tests, both needed. The shared treaty, convention or arrangement is one; the "similar privileges" is the other. The section does not name any treaty. It does not name the Paris Convention, the Patent Cooperation Treaty or any other instrument.
- Groups count. The text includes a group of countries, a union of countries and inter-governmental organisations. A regional patent organisation of which India is also a party could therefore fall within the words, if it meets the privileges test. The section does not list any such body.
- The test looks to Indians. The privileges must be given to "the applicants for patents in India or to citizens of India". The comparison is with what the country gives "their own citizens or citizens to their member countries".
The text does not say who decides whether a country is a convention country or whether a list is notified. It is silent on this. Section 134 uses notification for the opposite case.
The importance of the term appears in section 135, where a person who has made a "basic application" in a convention country can claim its date as the priority date for a claim in the Indian application filed within twelve months. See our article on section 135 and our post on convention applications and Paris Convention priority.
Section 134: countries without reciprocity
"Where any country specified by the Central Government in this behalf by notification in the Official Gazette does not accord to citizens of India the same rights in respect of the grant of patents and the protection of patent rights as it accords to its own nationals, no national of such country shall be entitled, either solely or jointly with any other person,—"
| Clause | What the national of that country cannot do |
|---|---|
| (a) | Apply for the grant of a patent or be registered as the proprietor of a patent |
| (b) | Be registered as the assignee of the proprietor of a patent |
| (c) | Apply for a licence or hold any licence under a patent granted under this Act |
Notes:
- The trigger is a notification. The country must be "specified by the Central Government in this behalf by notification in the Official Gazette". No notification is mentioned in the text, and none is stated here.
- The test is "the same rights". Section 133 speaks of "similar privileges"; section 134 uses "the same rights". The text does not explain the difference in wording, and a reader should not assume the two tests are identical.
- "Either solely or jointly with any other person". A national of the notified country cannot apply even as a joint applicant with someone else. This shuts the route of joint filing.
- Three consequences: applying or being registered as proprietor; being registered as assignee; applying for or holding a licence.
The text does not say what happens to a patent already registered in the name of such a national when the notification is made.
Illustration (invented)
Zenara Pharma Ltd., from a country that is a party to a treaty to which India is also a party, files an application in India. The country gives Indian applicants similar privileges as it gives its own citizens. Under section 133 it is a convention country, so the applicant can look to section 135 for priority from its home filing.
Now imagine that the Central Government notifies a country, Norvia, under section 134 because Norvia does not give Indian citizens the same rights as its own nationals. A Norvian inventor, Mr. Halden, tries to apply for an Indian patent jointly with an Indian partner. Under section 134(a) no national of Norvia is entitled to apply, "either solely or jointly with any other person". He also cannot be registered as an assignee of a patent under clause (b).
What the sections do not say
- They do not list any convention country or any treaty.
- They do not say how the Central Government decides that reciprocity is lacking.
- They do not say how long a notification under section 134 lasts or how it is withdrawn.
- They do not give an appeal against a notification.
Need help with a foreign priority claim?
Whether your home filing can support a priority claim in India depends on the country of filing and the dates. Our patent drafting and filing team can check the convention country position and prepare the Indian application within the time the Act allows.
Key takeaways
- A convention country is a country, group, union or inter-governmental organisation that shares a treaty, convention or arrangement with India and gives Indians similar privileges.
- Section 133 names no treaty and gives no list.
- Section 134 bars nationals of a country notified for lack of reciprocity from applying for, holding or taking a patent or licence, alone or jointly.
- Section 133 uses "similar privileges"; section 134 uses "the same rights".
- Section 133 was substituted with effect from 1 January 2005.
Read next
- Section 135: convention applications
- Section 136: special provisions relating to convention applications
- Convention application for a patent: Paris Convention priority
- Types of patent applications: ordinary, convention, PCT, divisional
Disclaimer: Based on the Patents Act, 1970 as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and time limits under the Patents Rules, 2003 change from time to time and are not covered here. This article is general information, not legal advice; check the official text before acting.