Under the Patents Act, 1970 and the Patents Rules, 2003, which of the following time limits can NOT be…
The twelve-month period for filing a complete specification after an application accompanied by a provisional specification is fixed by section 9(1) of the Patents Act, 1970…
Choose your answer
Under the Patents Act, 1970 and the Patents Rules, 2003, which of the following time limits can NOT be extended by the Controller on a request made in Form 4?
Answer and explanation
Correct answer D
The twelve-month period for filing a complete specification after an application accompanied by a provisional specification is fixed by section 9(1) of the Patents Act, 1970 itself, and the application is deemed abandoned if the complete specification is not filed in time. Rule 138 of the Patents Rules, 2003 lets the Controller extend only the time specified under the Rules, so this statutory period cannot be extended.
The other periods are set by the Rules and can be extended on a request in Form 4. Proof of right (six months, rule 10) and putting the application in order for grant (six months, rule 24B(5), extendable by three months under rule 24B(6)) fall within rule 138, which since the Patents (Amendment) Rules, 2024 allows extension of time or condonation of delay of up to six months, without the earlier list of excluded periods. Rule 80(1A) allows the period for paying a renewal fee to be extended by not more than six months.
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