CONDONEMENT OF DELAY IN LEAVING AND SERVING DOCUMENTS TO THE PATENT OFFICE.

Patent Rules 6 of the Patent Act 1970 is about “Leaving and Serving Documents”.

Rule 6 (6) is most relevant to the Pandemic due to COVID.

According to the public notice issued by the office of CGPDTM dated the 22nd May 2020, the delay in transmitting or resubmitting documents to the Patent Office may be condoned by way of petition to the controller. Such Petition is to be submitted within one month of the ceased deadline.

The petition is without fees and can be filed through E-filing mode or Physical filing on Form 30.

Rule 6 (6) Says,

“(6) Without prejudice to sub-rule (5) and notwithstanding anything contained in sub-rule (2) of rule 138, the Controller may condone the delay in transmitting or resubmitting a document to the patent office or performing any act by a party, if a petition for such condonation of delay is made by the party to the Controller along with a statement regarding the circumstances of the fact and evidence in support of the statement, to the satisfaction of the Controller, that the delay was due to war, revolution, civil disorder, strike, natural calamity, a general unavailability of electronic communication services or other like reason in the locality where the party resides or has place of business, and that such situation was of such severity that it disrupted the normal communication in that area and that the relevant action was taken as soon as reasonably possible not later than one month from the date when such situation had ceased to exist: Provided that the delay condoned by the Controller shall not exceed the period for which the national emergency was in force, or six months from the expiry of the prescribed period, whichever is earlier”

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