September 12, 2026

Section 138 – Patents Act, 1970

138. Supplementary provisions as to convention applications

(1) When required by the Controller, a convention applicant must furnish verified copies of the specifications or corresponding documents filed in the convention country’s patent office, within the prescribed period after the Controller’s communication.

(2) If any such document is in a foreign language, a verified English translation must be furnished when required.

(3) The date on which an application was made in a convention country is established to the Controller’s satisfaction by certificate of the convention country’s patent office head, or otherwise.

(4) A PCT application designating India has effect as an application under sections 7, 54 and 135, with its title, description, claims, abstract and drawings treated as the complete specification.

(5) The filing date for such an application, processed as designated office, is the international filing date accorded under the PCT.

(6) Amendments proposed before the international searching or preliminary examination authority are, if the applicant wishes, treated as amendments made before the patent office.