How Deadly Are Patent Office Time Lines?

Patent offices around all the jurisdictions set a time frame to process and complete the examination of patent application and other proceeding related thereto. Where ever certain difficulties in meeting the statutory time lines is envisaged the legislatures provided for the extension of time for a limited period. The power to grant extension of statutory period rests with the Controller in India. Some of the missed timelines are curable but some are not. Missed time for payment of renewal fee under Section 53 (2) under rule 13(6) and payment of fee under section 142 (4) under rule 80(1A) and 130 is allowed on payment of fee for every month of extension for the maximum period of extension up to three months. Similarly Rule 24(6) and Rule 24(C)(11)( allows extension of three months.

Mr. DPS Parmar explains the importance of Patent Office timelines in his article published on Mondaq