Skip to content

CS Professional · Intellectual Property Rights - Law and Practice · Indian Patent Law and its Developments

Sunrise Agro's patent application is under objection. At the end of the prescribed period for complying with the Controller's requirements, an appeal to the High Court is pending on its application for the main invention. What can Sunrise Agro do under section 21?

Sunrise Agro can apply, before the prescribed period expires, for extension of time for compliance. Under section 21(2)(a), the time is then extended until the date the High Court may determine while the appeal on the main invention is pending.

  1. ANothing; the application is abandoned automatically at the end of the period
  2. BApply before the period expires to have the time for compliance extended until the date the High Court may determineCorrect
  3. CApply after the period expires, as the Controller must grant any extension
  4. DFile a fresh application, since the pending appeal ends the old one

Explanation

Section 21(2)(a) says that if an appeal to the High Court is pending on the application for the main invention at the end of the prescribed period, the time for compliance shall, on an application made by the applicant before that period expires, be extended until such date as the High Court may determine. The application must therefore be made before expiry, which rules out the post-expiry option.

Did you get it right without looking?

One question tells you little. A timed set on Indian Patent Law and its Developments shows your real accuracy, how long you take and where you lose marks.

Practise Indian Patent Law and its DevelopmentsFree diagnostic mock

More Indian Patent Law and its Developments questions