Time Limits to enter national phase


[SpicyIP] [SiNApSE]

SpicyIP and SiNApSE have blogged the recent judgement of madras high court on deadline to enter into national phase.

“….The application for extension is required to be made within the period prescribed. Therefore, proviso would come into operation for the purpose of calculating period of one month. On true interpretation of rule 138, it is held that application for extension is to be filed within one month after expiry of prescribed time under rule 20….”

Interestingly in a recent Draft Patents (3rd Amendment) Rules, 2010, Rule 138 is amended as “in sub rule (1), for the word, figures and letter “rule 24-B”, the words, brackets, figures and letter “sub rule (4) of rule 20, rule 24-B” shall be substituted

As per this new draft patent rule, time limit provided in rule 20 (4) is non-extendable.

Judgement is available Here

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About Guna

Interested to learn things around me
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One Response to Time Limits to enter national phase

  1. Jared says:

    Seems to me that companies are pushing harder than before to compete with competitors without doing the actual work of inventing new things rather just building on the work of others I think as this trend continues so will the cases of patent litigation increase. For more info on the subject. http://inventors.generalpatent.com/inventor-resources/patent-litigation

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