The Delhi High Court restored a patent application that was deemed withdrawn after a missed Form 18 deadline caused by agent negligence. The Court held that applicants should not be penalised for their representative’s errors, affirming the applicant’s diligent intent.
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Request for Examination of a Patent Application – Mandatory Requirement in India
Filing a request for examination is a mandatory requirement for patent applications in India. The request must be made within 48 months, using Form-18 and the prescribed fee, to initiate the formal examination process under the Indian Patent Act.
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