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

The Controller sends Anil Dyes Ltd its first statement of objections on its application. The company cures some objections, but the Controller returns a document to it in the course of the proceedings. The company does not refile the document and shows no reason beyond its control. Within the prescribed period it has otherwise complied. What follows under section 21?

The applicant is not deemed to have complied with the requirements unless it refiles the returned document or satisfies the Controller that reasons beyond its control prevented refiling. Without that, the application is deemed abandoned under section 21.

1. AThe application is treated as complied with, since the returned document was the Controller's act
2. BThe application is treated as complied with once the prescribed period ends, regardless of the returned document
3. CThe compliance period is automatically extended until the High Court decides
4. DThe applicant is not deemed to have complied unless it refiled the document or proves to the Controller's satisfaction that reasons beyond its control prevented refiling, so the application risks being deemed abandonedCorrect