Patents Rules, 2003
21. Filing of priority document. —
1. Where the
applicant in respect of an international application designating India has not
complied with the requirements of paragraph (a) or paragraph (b) of rule 17.1
of the regulations under the Treaty, the applicant shall file with the patent
office the priority document referred to in that rule before the expiration of
the time limit referred to in sub-rule (4) of rule 20.
priority document referred to in sub-rule (1) is not in the English language,
an English translation thereof duly verified by the applicant or the person
duly authorised by him shall be filed within the time limit specified in
sub-rule (4) of rule 20.
3. Where the
applicant does not comply with the requirements of sub-rule (1) or sub-rule
(2), the appropriate office snail invite the applicant to file the priority
document or the translation thereof, as the case may be, within three months
from the date of such invitation, and if the applicant fails to do so, the
claim of the applicant for the priority shall be disregarded for the purposes
of the Act.