Important notification: Extended due date for complying the requirements under Indian Patents Act

Anand and Anand

As you are aware, India was in a complete lockdown from 25 March 2020 to 17 May, 2020 (lockdowns 1, 2 and 3) and Indian patent Office started functioning from April 20, 2020. In order to curtail the spread of COVID-19, the Indian Government on 17 May, 2020 decided to extend the nation-wide lockdown (lockdown-4) until 31 May 2020 with several relaxations, including reopening of the Government offices with necessary safeguards.

In view of the new developments, IPO has issued a notification on 18 May 2020, according to which all deadlines and timelines prescribed under the IP Acts and Rules that fall due during the period of 15 March 2020 to 17 May 2020, shall now be complied by June 1, 2020. In case of any pending due date, we, urge you to send your instructions accordingly.

In the event, any applicant is unable to meet the timeline of 1 June 2020, the applicant can avail of condonation of delay of one month from the date when such situation had ceased to exist under Rule 6(6) of the Patent Rules, 2003. According to Rule 6(6) of the Patents Rule, 2003, 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 provided the said delay was on account of natural calamity or global pandemic.

Even though the deadlines have been extended and India remains locked down until 31 May 2020, we are pleased to inform you that our team is working remotely at almost full capacity.

Be safe, Stay safe!