[Pct] PARIS CONVENTION QUESTION --> Indian provisional application -- shifting the filing date by 3 months

William Ahmed ahmed.william at ymail.com
Fri Jun 28 08:16:48 EDT 2024


Dear List, A friend of mine in Europe asked me a question which I now refer to the list - I think this topic is actually very interesting
My friend said that in India, after an applicant files a provisional application (i.e. an Indian provisional application, not a US provisional), the Indian officeallows POST-FILING for the applicant to move the filing date to a later date by up to 3 months during the priority year.
For example, if someone filed a provisional application on Jan 15, 2024, she can later request an April 15, 2024 filing date.
THE QUESTION --> can someone file an Indian provisional on Jan 15, 2024 (receiving a filing receipt in late January 2024 indicating a filing date of Jan 15, 2024), and THEN in November 2024, get the patent office to give them a NEW date (i.e. for the same application) of  April 14, 2024, and then file on April 1, 2025 a PCT (or local application in Europe)claiming priority to the Indian provisional HOPING to get a worldwide 'priority date' of April 14, 2024?
I am NOT an expert on India (I actually know almost nothing about local law in India), but I understanding from US agent that in the USA there is something analogous.Someone might file a US non-provisional, forget a drawing, and then petition for the LATER filing date.
What would Article 4 of the Paris convention say this situation?
Have a great weekend,Bill
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