IPO rules no time extension for lapse on part of former agent

A recent Indian Patent Office (IPO) order regarding Indian Patent Application 2440/DELNP/2006 rejected a petition for condonation of delay filed under Rule 137 of the Patent Act 1970 by a patent agent on behalf of the applicant, and accordingly rejected the patent application based on negligence by both the patent agent and the applicant in regard to the time limits set under the Patent Act. The petition was filed based on a lack of knowledge of the issuance of the first examination report, and the non-receipt of communications from the previous patent agent about the issuance of that report. This reasoning was held to be unsatisfactory and insufficient to meet the criteria provided in Section 21(1) of the act to excuse a patent applicant for failing to file a document before the controller by the response deadline for the first examination report.

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