Limitation Period For PCT-National Phase Applications

On September 23, 2022, when Koch Engineered Solutions LLC ("Koch"), through our firm, attempted to file four (4) National Phase applications in India, the official e-filing portal of the Indian Patent Office ("IPO") did not accept the applications. This was unexpected for two reasons: one, it was not in line with the extension allowed by the Supreme Court of India in view of the COVID-19 pandemic vide order dated January 10, 2022 excluding the period from March 15, 2020 till February 28, 2022 while computing the limitation period and the balance period of limitation remaining as on October 3, 2021, if any, shall become available with effect from March 1, 2022 and the IPO's own public notice dated January 18, 2022, giving effect to the order; and second, merely six days ago, on September 17, 2022 also after the expiration of the mandatory thirty-one (31) month period, when Koch had attempted filing to check if allowed, the e-filing portal was found open.