cpc

postdating of application

TIFAC IPR SCHOLAR

Is there any provision in indian patent act for extension of time for filing complete specification?


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Advocate.

Dear shama,

A complete specification has to be filed within 12 months from the date of original application. However, this period of 12 months can be extended by 2 months by making an application seeking an extension of time.Click the link to know better.

LINK: http://www.vuatkerala.org/static/eng/wta/ipr/patentact.htm.

 
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Student

Thanks for info Sree.

Regards

Daksh

 
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Indian Patent Agent

Is it possible to extension of time for filing complete specification? I doubt becoze, it was old practice. Can any body help?

But this is not post-dating,

17. Power of Controller to make order respecting dating of application

(1) Subject to the provisions of section 9, at any time after the filing of an application and before acceptance of the complete specification under this Act, the Controller may, at the request of the applicant made in the prescribed manner, direct that the application shall be post-dated to such date as may be specified in the request, and proceed with the application accordingly :

Provided that no application shall be post-dated under this sub-section to a date later than six months from the date on which it was actually made or would, but for the provisions of this sub-section, be deemed to have been made.

(2) Where an application or specification (including drawings) is required to be amended under clause (b) of sub-section (1) of section 15, the application or specification shall, if the Controller so directs, be deemed to have been made on the date on which the requirement is complied with or where the application or specification is returned to the applicant, on the date on which it is re-filed after complying with the requirement.

Regards,

 

Iftikhar Ahsan


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There is no extension of time for filing complete specification. Could not find in the Bare Act regarding the same. However, when enquired at the office of Deputy Controller at Chennai, we were asked to post-date the application instead. Post-dating of a provisional application can be done for a maximum of 6 months.

 
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