Section 137 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 137 lets one Indian application draw on two or more basic applications made in convention countries, where the inventions are so related as to constitute one invention. The Indian application must be made within twelve months of the earlier or earliest of those applications. Each claim then gets the date on which the matter it relies on was first disclosed in a basic application. Sub-section (3) says what counts as disclosure. If you have filed several related applications abroad, our patent drafting and filing team can help you combine them in one Indian application.
s.137(1): where two or more applications have been made in one or more convention countries for inventions so related as to constitute one invention, one application may be made in India by the persons in section 135(1) within twelve months of the earlier or earliest of them. s.137(2): the priority date of a claim based on matter disclosed in one or more basic applications is the date on which that matter was first so disclosed. s.137(3): matter is disclosed if it was claimed or disclosed (other than by disclaimer or acknowledgment of prior art) in the basic application or supporting documents submitted at the same time, but a document counts only if a copy is filed at the patent office with the convention application or within a prescribed period.
Amendments to know
Section 137 is printed in its original form, with no amendment footnote. The Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023 did not change it. It sits with section 135 (the twelve-month rule) and section 136 (contents of a convention application); see our article on section 135.
Sub-section (1): one application for related inventions
"Where two or more applications for patents in respect of inventions have been made in one or more convention countries and those inventions are so related as to constitute one invention, one application may be made by any or all of the persons referred to in sub-section (1) of section 135 within twelve months from the date on which the earlier or earliest of those applications was made, in respect of the inventions disclosed in the specifications which accompanied the basic applications."
| Element | What the text says |
|---|---|
| Starting point | Two or more applications in respect of inventions, in one or more convention countries |
| Relationship | The inventions are "so related as to constitute one invention" |
| Who applies in India | "any or all of the persons referred to in sub-section (1) of section 135", that is, the person who made the basic application, or his legal representative or assignee |
| Time | "within twelve months from the date on which the earlier or earliest of those applications was made" |
| Scope | "in respect of the inventions disclosed in the specifications which accompanied the basic applications" |
Points to note:
- One invention. The test is that the inventions are "so related as to constitute one invention". This is stricter than the "cognate or one a modification of another" test in section 135(2). Section 135(2) lets a single application cover cognate inventions; section 137 speaks of related inventions that together make one invention. The text does not explain the difference in detail, and a reader should read both sub-sections as printed.
- The twelve months run from the earliest. A later foreign filing does not extend the period. This is the same rule as the Explanation to section 135(1).
- "Any or all" of the persons. The Indian application may be made by one, several or all of the persons entitled under section 135(1).
- The Indian specification is in respect of the inventions disclosed in the specifications that accompanied the basic applications. This links the Indian application to the foreign specifications.
Sub-section (2): priority date claim by claim
"The priority date of a claim of the complete specification, being a claim based on matters disclosed in one or more of the basic applications, is the date on which that matter was first so disclosed."
This is the heart of multiple priorities. Suppose basic application A, dated 1 February, discloses feature X, and basic application B, dated 1 June, discloses feature X and feature Y. A claim to X has the date of A (1 February), since that is when X was first so disclosed. A claim to the combination of X and Y has the date of B (1 June), since the combination was first disclosed then. Each claim therefore has its own priority date, and the single Indian application may carry several.
The text speaks of "matters disclosed in one or more of the basic applications". A claim based on matter from more than one basic application is dated by when "that matter" was first disclosed. The text does not give a rule for a claim whose matter is spread across several applications beyond these words.
Sub-section (3): what is "disclosed"
"For the purposes of this Act, a matter shall be deemed to have been disclosed in a basic application for protection in a convention country if it was claimed or disclosed (otherwise than by way of disclaimer or acknowledgment of a prior art) in that application, or any documents submitted by the applicant for protection in support of and at the same time as that application, but no account shall be taken of any disclosure effected by any such document unless a copy of the document is filed at the patent office with the convention application or within such period as may be prescribed after the filing of that application."
The sub-section has four parts:
- Claimed or disclosed. Matter counts if it was either claimed or disclosed in the basic application.
- Not by disclaimer or acknowledgment of prior art. A statement that disclaims something, or that acknowledges what is already known, does not make that matter "disclosed" for priority.
- Supporting documents. Documents submitted by the applicant for protection "in support of and at the same time as that application" count, as part of the disclosure.
- Copy requirement. No account is taken of a disclosure made by such a document unless a copy is filed at the patent office with the convention application or within the prescribed period. The period is "such period as may be prescribed"; the Patents Rules, 2003 fix it, and none is stated here.
Illustration (invented)
Solaris Energy Pvt. Ltd. made two applications in convention countries for a solar water pump: application A on 3 February (a pump with a floating filter) and application B on 20 May (the same pump with an automatic cut-off). The inventions are so related as to constitute one invention. On 10 December, within twelve months of 3 February, Solaris makes one application in India under section 137(1). Claim 1 (pump with floating filter) is based on matter first disclosed in A, so its priority date is 3 February. Claim 2 (pump with floating filter and cut-off) rests on matter first disclosed together in B, so its priority date is 20 May.
Solaris had also submitted a test report with application B in support of it. The report counts as part of the disclosure only if Solaris files a copy at the patent office with the Indian application or within the prescribed period.
What the section does not say
- It does not define "so related as to constitute one invention".
- It does not give the period for filing copies of documents; it says "as may be prescribed".
- It does not say what happens to the part of the Indian application that is not "in respect of the inventions disclosed" in the basic specifications.
- It does not name any convention country.
For a general overview of the topic, see our post on convention applications and Paris Convention priority.
Need help combining several foreign filings?
When one product has been filed in more than one country in stages, the dates of each claim matter. Our patent drafting and filing team can map each claim to the first disclosure and prepare one Indian application within the twelve-month period.
Key takeaways
- One Indian application may be made for related inventions first filed in one or more convention countries, if they constitute one invention.
- The twelve months run from the earlier or earliest of the basic applications.
- Each claim's priority date is the date on which the matter it relies on was first disclosed in a basic application.
- Matter is disclosed if claimed or disclosed in the basic application or supporting documents submitted with it, but not by disclaimer or acknowledgment of prior art.
- A supporting document counts only if a copy is filed at the patent office with the convention application or within the prescribed period.
Read next
- Section 135: convention applications
- Section 136: special provisions relating to convention applications
- Sections 138 and 139: supplementary provisions for convention applications
- Types of patent applications: ordinary, convention, PCT, divisional
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.