PA Sec. 24B,
PA Sec. 53(2),
PA Sec. 142(4)
Where, during the national phase, the applicant wishes to extend a time limit for performing certain acts relating to the patent application, such as:
PR Rule 6(6),
PR Rule 13(6),
PR Rule 55(4),
PR Rule 80(1A),
PR Rule 130,
PR Rule 137,
PR Rule 138,
PR Rule 24B(6),
PR Rule 24C(11)
— filing of a statement and undertaking regarding foreign applications (Form 3 - refer to Annex IN.IV)
— filing of a declaration of inventorship (to be made using Form 5 - refer to Annex IN.VI)
— filing of a request for renewal of a patent (Rule 80(1A))
— filing a petition to review an order of the Controller under Section 77(1)(f)
— payment of accumulated renewal fees under Section 142(4) after the grant of the patent,
he should furnish Form 4 (refer to Annex IN.V) before the expiry of the time limit together with payment of the prescribed fee. The time limit may then be extended if the Controller thinks fit and so directs.
The Controller has the power to extend the time limit up to one month beyond that prescribed in the patent rules provided that the fee for such request is paid in advance (Rule 138). It should be noted that the extended time limit does not apply to:
— the filing of a national phase application (Rule 20(4)(i)),
— a translation of amended claims (Rule 20(6)),
— a priority document (Rule 21),
— a request for examination (Section 24B(1),
— the time limit for putting the application in order for grant under Rule 24B(5) and (6) and 24C(10) and 11,
— the applicant’s statement and evidence in the opposition proceedings (Rule 55(4)),
— the payment of renewal fees (Rule 80(1A)),
— the time limit for filing an application for review of a decision or setting aside of orders of the Controller (Rule 130(1) and (2)).
PR Rule 6(6)
The Controller may also excuse the delay in transmitting or resubmitting a document to the Office or performing any act by a party, if a petition to excuse such a delay is made by the party to the Controller along with a statement regarding the circumstances of the delay and evidence in support of the statement. The evidence must, to the satisfaction of the Controller, show that the delay was due to war, revolution, civil disorder, strike, natural calamity, a general unavailability of electronic communication services or other like reason in the locality where the party resides or has his place of business, and that such situation was of such severity that it disrupted the normal communication in that area and that the relevant action was taken as soon as reasonably possible but not later than one month from the date when such situation had ceased to exist. The maximum delay shall not exceed six months from the expiry of the prescribed period, whichever is earlier.