Tag: rule 138

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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