Ali on Patents

Latest update: . Case: Chemtura Corporation v Union of India. Doctrine: Convention Applications.

Doctrine page

The Paris Convention and Priority

How does the Paris Convention let an applicant claim priority from a foreign filing?

Under article 4 of the Paris Convention, corresponding applications made within 12 months from the date of first filing are entitled to the priority date of the first application.

Doctrine last updated on 1 October 2026

Cite this page

The Paris Convention and Priority, Ali on Patents, www.aop.onl/paris-convention

1The International Convention for the Protection of Industrial Property was signed in Paris in 1883. The Convention enshrines the principle of 'national treatment' and reciprocity by requiring one member country to afford to the nationals of another the same protection it affords to its own nationals. (Paris Convention 1883, art 2.) It also introduced, for the first time, a method of claiming priority for applications made in a foreign country. Article 4 provides that where an application for patent has been made in one convention country and corresponding applications are made in other convention countries within 12 months from the date of first filing, the subsequent applications will be entitled to the priority date of the first application. These principles are contained in ch XXII of the Patents Act 1970. (Patents (Amendment) Act 2005, ss 133 to 139.) India signed the Paris Convention in 1998.

Provisions and topics

Provisions

See also

Doctrine page

The Patent Cooperation Treaty in Indian Practice

Is a PCT international application designating India treated as an Indian application?

Doctrine page

Convention Applications

When can an Indian patent application claim priority from an earlier application filed in a convention country?

Doctrine page

Multiple Priorities and Partial Priority

How is the priority date fixed when a claim draws on several earlier specifications?

Doctrine page · Written by Prof. Feroz Ali

www.aop.onl/paris-convention