You have recently been appointed as Company Secretary of the Ever Innovative Limited. Your Company receives a notice from the controller of patent that the application filled by your company for the grant of a patent of
CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2023
You have recently been appointed as Company Secretary of the Ever Innovative Limited. Your Company receives a notice from the controller of patent that the application filled by your company for the grant of a patent of a new machine was deemed to have been abandoned. How you propose to deal with the matter?
Answer & Explanation:
Time for putting application in order for grant patent (Section 21 of Patents Act, 1970): An application for grant of patent shall be deemed to have been abandoned if the applicant fails to comply with the requirements within twelve months. Failure to comply with the requirement may be related to complete specification or application to grant patent. The period of twelve months starts from: filling complete specification /other document or filling of first statement of objection If any document filed with the controller is returned by him, it will be treated as applicant deemed to have not complied with requirement unless he refiles the document. If at the expiry of the above twelve months period the appeal is pending with High Court, then High Court may extend the period of twelve months by such period as it thinks fit. If an appeal is not pending before High Court, time can be extended by the Controller up to twelve months only. Thus, as a Company Secretary of Ever Innovative Limited, I will: See that strong reasons are built up to prove to the satisfaction of the Controller to justify non-compliance attributable to reasons beyond control. If an appeal is pending before the High Court, the advantage of that can be taken to seek an extension of time.
Topics: Patents Act, 1970
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