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I missed a patent deadline. Is anything possible?
Which Indian deadlines have a cure, and which should be treated as final.
There is a specific extension for this.
Rule 24B(6) gives a further three months on a request in Form 4 with fee, and since 2024 that request may be made during the extension period rather than only before the six months expires.
- If you are within nine months of the report being issued, file the Form 4 request now.
- Beyond that, take advice on the exact dates. The general power in rule 138 was rewritten in 2024 and its reach is contested.
- Do not assume a cure exists, and do not tell a client one does.
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This is educational guidance, not personalised legal advice. It cannot see your documents, your dates or the prior art, and those are usually what decide the answer. Use it to understand the question, then take advice on your own facts.
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.