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ARTICLE · 03 AUGUST 2017

Patent Application Duly Restored By The High Court

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Recently a patent application "Deemed to be Withdrawn" by the Controller of Patents under Section 11B of the Patents Act, 1970 was duly restored by the Delhi High Court.

IndiaIntellectual Property
Suchi Rai
Suchi Rai
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"Iritech Inc. V. The Controller Of Patents"-



Introduction:

Recently a patent application "Deemed to be Withdrawn" by the Controller of Patents under Section 11B of the Patents Act, 1970 was duly restored by the Delhi High Court. Request for Examination (RFE) is one of the most critical formal requirements with regards to a Patent Application in India, and if not filed within the prescribed time limit of 48 months from the earliest priority date, the application is considered deemed to be withdrawn by the applicant. There is no recourse to resurrect the patent application once the applicant misses the deadline to file request for examination in an application.

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