Request under Section 78 is not dependent on the examination procedure

The Delhi High Court has in a recent judgment clarified certain aspects of section 78 of the Patents Act of India.

In present case, petitioner had requested correction of Application number in their Form for Request for Examination within statutory time period for filing of Request for Examination.

The Indian Patent Office rejected the correction request under section 78 stating that correction can be made only when patent application is active and in examination procedure, but in present case application was deemed to be withdrawn before examination procedure began.

The Delhi High Court clarified that request under section 78 is not dependent on examination and in present case said request was filed when application was active. In view the same, the Court took said request under section 78 on records and after verifying supporting documents restored the application for patent.

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