- Any application, notice or other documents authorised or required to be given to the patent office or the Controller or any person in the Patent Office under this act shall be given either in hand or sent by a letter addressed to the Controller or the person of the appropriate office through post or speed post or by electronic format only duly authenticated. When such a document is received as addressed and sent through a proper mode as mentioned, it shall be deemed to be filed at the time when the mail would have been delivered. (No Couriers)
- A patent agent shall file all documents only by electronic transmission, including the scanned documents required to be submitted as original.
- Those hard copies of originals so requested to be submitted shall be submitted within 15 days from such notice, failing which such documents shall be considered as not filed.
- Any written communication from the patent office to the patentee or applicant or opponent or any person under any proceedings under this act shall be properly addressed and made through registered post or speed post or electronically to the email address only as mentioned in the register or the application or the address for service furnished or as appearing in the notice of opposition.
- The date of any notice or written communication to the patentee or any applicant or opponent in any proceedings shall be the date of dispatch of such notice by registered post or speed post or fax or electronic transmission through email and not the date of printing.
- Upon cases where transmission or re-submission of any document or communication so requested by the patent office are sent delayed by the applicants or patentee or opponent to the patent office and if a petition for condonation (acceptance) of delay is filed by the person immediately after submission of such documents stating the circumstances of delay along with an evidence in support; the controller shall accept the delay if the period between the date on which the party was supposed to have received the document or communication by ordinary course through email or post does not exceed the actual date of receiving the same.
- The possible and acceptable circumstances to be submitted as an evidence that shall satisfy the Controller on the delay shall be that the delay was due to war or revolution or civil disorder or strike or natural calamity or a general unavailability of electronic communication services or other reasons like disruption of communication services due to severity in the place of business or residence of the person.
- However the person should have taken necessary steps for sending such documents not later than one month from the date of cease of such situation and the delay accepted by the Controller shall not exceed the period of such causes or six months from the expiry of the period of such causes – whichever is earlier.
- All liabilities or burden of proof regarding the authenticity of any such documents filed by any mode (email or speed post or registered post) shall lie with the person filing or giving the same.