Section 138 – THE PATENTS ACT, 1970

(1) 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.
(2) 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.
(3) 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.
(4) An international application filed under the Patent Co-operation 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.
(5) The filing date of 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.
(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 examination authority shall, if the applicant so desires, be taken
as an amendment made before the patent office.