The Madras High Court held that delays in filing a request for examination can be condoned under exceptional circumstances, particularly when caused by agent errors. This case highlights both the strict nature of Indian patent timelines and the judiciary’s role in allowing limited flexibility.
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Can a delay in filing a PCT National Phase application in India be condoned? An interesting case on Rule 138 of The Patent Rules, 2003 (Amendment 2016)
This post discusses a Delhi High Court decision on whether the delay in filing a PCT national phase patent application in India can be condoned under Rule 138. The analysis centres on the judicial interpretation of the Controller’s powers and the consequences of non-compliance by subordinate authorities.
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