Sections 138 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 138 deals with the documents behind a convention application and with PCT applications that designate India. The applicant must furnish, when the Controller requires, verified copies of the foreign specifications or corresponding documents within the prescribed period; a foreign-language document needs an English translation; the foreign filing date is proved by a certificate; and an international application under the Patent Cooperation Treaty designating India has the effect of an Indian filing, with the international filing date as its filing date. Section 139 says the rest of the Act applies to convention applications unless the Chapter provides otherwise. If you are entering India from a foreign filing, our patent drafting and filing team can help with the papers.
s.138(1): when the Controller requires, the applicant furnishes verified copies of the foreign specifications or corresponding documents within the prescribed period from the Controller's communication. s.138(2): a foreign-language document needs an English translation, verified by affidavit or otherwise, when the Controller requires. s.138(3): the foreign filing date is the date the Controller is satisfied of by certificate of the head of the foreign patent office or otherwise. s.138(4) to (6): a PCT international application designating India counts as an Indian application; its filing date is the international filing date; amendments before the PCT authorities may be taken as made before the patent office. s.139: other provisions of the Act apply save as otherwise provided.
Amendments to know
Sub-section (1) was substituted by the Patents (Amendment) Act, 2005, section 70, with effect from 1 January 2005. In sub-section (2), the words "furnished when required by the controller" replaced "annexed to the specification or document" by the Patents (Amendment) Act, 2002, section 58, with effect from 20 May 2003. Sub-sections (4), (5) and (6) were inserted by the same 2002 section 58, with effect from 20 May 2003. Section 139 has no amendment footnote. The Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023 did not change these sections.
Section 138(1): copies of foreign documents
"Where a convention application is made in accordance with the provisions of this Chapter, the applicant shall furnish, when required by the Controller, in addition to the complete specification, copies of the specifications or corresponding documents filed or deposited by the applicant in the patent office of the convention country as referred to in section 133 verified to the satisfaction of the Controller, within the prescribed period from the date of communication by the Controller."
| Element | What the text says |
|---|---|
| Trigger | A convention application made in accordance with the Chapter |
| Duty | Furnish "when required by the Controller" |
| What | Copies of the specifications or corresponding documents filed or deposited in the convention country's patent office, "in addition to the complete specification" |
| Verification | "verified to the satisfaction of the Controller" |
| Time | "within the prescribed period from the date of communication by the Controller" |
The duty arises only when the Controller requires it. The period is "prescribed", so the Patents Rules, 2003 fix it, and no number is given here. The period runs from the date the Controller communicates the requirement, not from the filing date.
Section 138(2): translation
"If any such specification or other document is in a foreign language, a translation into English of the specification or document, verified by affidavit or otherwise to the satisfaction of the Controller, shall be furnished when required by the controller."
Only a translation "into English" is mentioned; the text does not name Hindi. Verification may be "by affidavit or otherwise". As with sub-section (1), the duty arises when the Controller requires.
Section 138(3): the foreign filing date
"For the purposes of this Act, the date on which an application was made in a convention country is such date as the Controller is satisfied by certificate of the official chief or head of the patent office of the convention country or otherwise, is the date on which the application was made in that convention country."
The foreign date matters because it becomes the priority date under section 135. The Controller decides the date on being satisfied by a certificate of the head of the foreign patent office "or otherwise". The words "or otherwise" mean that other proof can also satisfy him; the text does not list it.
Section 138(4) to (6): PCT applications designating India
These three sub-sections concern the Patent Cooperation Treaty. The text speaks only of what it says; no other treaty detail is added here.
Sub-section (4). "An international application filed under the Patent Cooperation Treaty designating India shall have effect of filing an application for patent under section 7, section 54 and section 135, as the case may be, and the title, description, claim and abstract and drawings, if any, filed in the international application shall be taken as complete specification for the purposes of this Act."
So an international application designating India has the effect of an Indian application under section 7 (ordinary application), section 54 (patent of addition) or section 135 (convention application), "as the case may be", and its contents are taken as the complete specification.
Sub-section (5). "The filing date of an application for patent and its complete specification processed by the patent office as designated office shall be the international filing date accorded under the Patent Cooperation Treaty."
The filing date in India is the international filing date. The text does not say what that date is in a given case; it is the date accorded under the treaty.
Sub-section (6). "Amendment, if any, proposed by the applicant for an international application designating India or designating and electing India before international searching authority or preliminary made examination authority shall, if the applicant so desires, be taken as an amendment made before the patent office."
The printed words "preliminary made examination authority" are a drafting slip; the sense is "preliminary examination authority". Amendments proposed before the international authorities may, if the applicant so desires, be treated as made before the patent office. The condition is the applicant's wish.
| Sub-section | Effect |
|---|---|
| (4) | A PCT application designating India has effect as an Indian application under section 7, 54 or 135; its title, description, claim, abstract and drawings are the complete specification |
| (5) | The Indian filing date is the international filing date |
| (6) | Amendments proposed before the international authorities may, if the applicant wishes, be taken as amendments made before the patent office |
For the national phase in practice, see our post on PCT national phase entry in India. Section 11B (request for examination) and other steps are separate.
Section 139: other provisions apply
"Save as otherwise provided in this Chapter, all the provisions of this Act shall apply in relation to a convention application and a patent granted in pursuance thereof as they apply in relation to an ordinary application and a patent granted in pursuance thereof."
So examination, opposition, grant, renewal, revocation and the rest of the Act apply to a convention application and to a patent granted on it, except where Chapter XXII says otherwise. The sections explaining the Chapter are section 135, section 136 and section 137.
Illustration (invented)
Greenwave Instruments Pvt. Ltd. makes a convention application. The Controller's examination report requires verified copies of the foreign specification, which is in a foreign language. Greenwave must furnish copies verified to the Controller's satisfaction, and an English translation verified by affidavit or otherwise, within the prescribed period from the date of the Controller's communication. To prove the foreign filing date, it files a certificate from the head of the foreign patent office, under section 138(3).
In a second case, a PCT international application designating India is filed on 14 July. Under section 138(5), the Indian filing date is the international filing date. The title, description, claims, abstract and drawings in the international application are taken as the complete specification under sub-section (4).
What the sections do not say
- They do not give the prescribed period in section 138(1).
- They do not name the language of translation other than English.
- They do not say what the Controller does if the documents are not furnished.
- They do not list the types of "otherwise" proof of the foreign date.
Need help with the papers for a foreign-origin application?
Missing a Controller's requirement for copies or translation can slow the application. Our patent drafting and filing team can prepare verified copies and translations and track the prescribed period from each communication.
Key takeaways
- The Controller may require verified copies of the foreign specification and documents, to be furnished within the prescribed period from his communication.
- A foreign-language document needs an English translation verified by affidavit or otherwise.
- The foreign filing date is proved by a certificate of the head of the foreign patent office or otherwise, to the Controller's satisfaction.
- A PCT international application designating India has effect as an Indian application, with the international filing date as filing date.
- The rest of the Act applies to convention applications unless Chapter XXII provides otherwise.
Read next
- Section 135: convention applications
- Section 137: multiple priorities
- Patent Cooperation Treaty (PCT): national phase entry in India
- 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.