Rule 138 of The Patents (Amendment) Rules, 2016

Rule 138 of The Patents (Amendment) Rules, 2016

Earlier:

  1. Power to extend time prescribed

(1) Save as otherwise provided in the rules 24B, 55 (4) and 80 (1A), the time prescribed by these rules for doing of any act or the taking of any proceeding there under may be extended by the Controller for a period of one month, if he thinks it fit to do so and upon such terms as he may direct.

(2) Any request for extension of time made under these rules shall be made before the expiry of prescribed period.

Present:

  1. Power to extend time prescribed

(1) Except for the time prescribed in rules 20 (4) (i), 20 (6), 21, 24B (1), 24B (5), 24B (6), 24C (10), 24C (11), 55 (4), 80 (1A), 130 (1) and 130 (2), the time prescribed by these rules for doing of any act or the taking of any proceeding there under may be extended by the Controller for a period of one month, if he thinks it fit to do so and upon such terms as he may direct.

(2) Any request for extension of time prescribed by these rules for the doing of any act or the taking of any proceeding there under shall be made before the expiry of such time prescribed in these rules.

General Understanding of the rule:

Rule 138 says that the Controller may extend the time period for one month other than what is already prescribed in the abovementioned rules (which have increased in present compared to the earlier one).

Total Amendments:

The above mentioned rule has been amended for thrice in 2005, 2006 and 2016.

By Sonali Srivastava.

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