Missed The Deadline Will Kill Your Patent

Time and again it has been notified by the Patent Office that deadlines are to be followed on a strict note. And missing deadlines can make applicant lose rights on their Patent Application, unless the reason behind missing the deadline is capable of convincing the Controller of Patents.

In recent well reasoned decisions by the Controller, two PCT National Phase Applications filed after the time limit of 31 months from the Priority date, have lost their existence as valid Patent Applications to be processed under Indian Patent Office.

Patent Act 1970 and Patent Rules 2003, specifically says 'deemed to be withdrawn' (on intentional note by applicants) in cases where a request for examination is not filed within the time period of 48 months from priority and in case of not filing PCT National Phase Application within the prescribed time limit of 31 months from priority date.