Section 136 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 136 sets three requirements for every convention application, allows claims for developments and additions to the invention first filed abroad, and limits post-dating. Under sub-section (1), the application must be accompanied by a complete specification, must specify the date and the convention country of the first application for protection, and must state that no earlier application for protection in a convention country had been made by the applicant or anyone from whom he derives title. If you are preparing an Indian application on a foreign priority, our patent drafting and filing team can help you make the statements correctly.
s.136(1): every convention application must (a) be accompanied by a complete specification; (b) specify the date and the convention country of the application for protection (or the first of them); and (c) state that no earlier application for protection in a convention country had been made by the applicant or by any person from whom he derives title. s.136(2): the complete specification may include claims for developments of, or additions to, the invention first filed in a convention country, where the applicant could make a separate application under section 6. s.136(3): a convention application cannot be post-dated under section 17(1) beyond the date on which it could have been made under the Act.
Amendments to know
Section 136 has no amendment footnote and is printed in its original form. The Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023 did not change it. It must be read with section 135, which gives the twelve-month rule and defines the basic application; see our article on section 135.
Sub-section (1): what every convention application must contain
"Every convention application shall—"
| Clause | Requirement |
|---|---|
| (a) | "be accompanied by a complete specification" |
| (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" |
| (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" |
The three requirements are joined by "and", so all are needed.
Clause (a): complete specification. A convention application cannot rest on a provisional specification alone. Section 135(1) speaks of the "priority date of a claim of the complete specification", and clause (a) confirms the same. The contents of a complete specification are in section 10, explained in our articles on that section.
Clause (b): date and country. The application must specify the date and the convention country of the application for protection, or "as the case may be, the first of such applications". If protection was sought in several convention countries, the first one is named. This matches the Explanation to section 135(1), which counts the twelve months from the earliest application.
Clause (c): the statement of no earlier filing. The applicant must state that no application for protection in respect of the invention had been made in a convention country before the date in clause (b), "by the applicant or by any person from whom he derives title". The words "any person from whom he derives title" cover a predecessor such as an inventor who assigned to the applicant. The statement is about earlier filings in convention countries, not in India.
The text does not say where in the application the statements are made or in what form. The Patents Rules, 2003 prescribe the form, and none is named here.
Sub-section (2): developments and additions
"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."
Reading it step by step:
- The complete specification filed with a convention application may include claims for developments of, or additions to, the invention first filed in a convention country.
- The permission is "subject to the provisions contained in section 10", so the specification rules (description, claims, unity) still apply.
- The developments or additions must be matters for which the applicant "would be entitled under the provisions of section 6 to make a separate application". So the applicant, or a person claiming under section 6, must be entitled to apply for them.
The effect: the Indian application need not be a copy of the foreign one; improvements made during the twelve months can be added, in the same specification. The text does not say which date applies to such additional claims; since they are not "based on matter disclosed in the basic application", section 135(1) does not give them the basic application's date. For the date of such a claim, read section 11 and see our article on priority dates of claims.
Sub-section (3): no post-dating beyond the permitted date
"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."
Section 17(1) allows an application to be post-dated in the cases it describes; our article on sections 16 and 17 explains it. For a convention application, post-dating cannot go beyond the date "on which under the provisions of this Act the application could have been made". In practice this ties the post-dating to the twelve-month rule of section 135: the application cannot be post-dated to a date after the period within which a convention application could have been made. The text does not state that arithmetic itself; this is a reading of the words.
Illustration (invented)
Tara Biosciences Pvt. Ltd. made its first application for a vaccine stabiliser in a convention country on 5 January. Within twelve months it files in India a convention application. It attaches a complete specification (clause (a)), specifies 5 January and the country (clause (b)) and states that neither it nor the inventor from whom it derives title made an earlier application in a convention country (clause (c)). During the year its research team found an improved formulation; the complete specification includes a claim to the improvement as a development, which Tara would have been entitled to apply for separately under section 6. Under section 136(2), that is allowed, subject to section 10.
If instead the company had filed in country A on 5 January and in country B on 5 March, clause (b) asks for the date of the first, 5 January.
What the section does not say
- It does not give the form in which the statements are to be made.
- It does not say what happens if the statement in clause (c) is wrong. The grounds of revocation are in section 64; section 136 itself is silent on the point.
- It does not list the documents that must follow; section 138 deals with copies and translations.
- It does not name any convention country.
Need help with the statements in a convention filing?
An error in the date, the country or the statement of no earlier filing can weaken a priority claim. Our patent drafting and filing team can check your foreign filing history and prepare the Indian application and specification accordingly.
Key takeaways
- Every convention application needs a complete specification, the date and country of the first application for protection, and a statement that no earlier application had been made in a convention country by the applicant or his predecessor in title.
- The specification may include claims for developments or additions the applicant could separately apply for under section 6, subject to section 10.
- A convention application cannot be post-dated beyond the date on which it could have been made under the Act.
- The section is silent on form and on the consequence of a wrong statement.
Read next
- Section 135: convention applications
- Section 137: multiple priorities
- Sections 138 and 139: supplementary provisions for convention applications
- Convention application for a patent: Paris Convention priority
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.