Abandonment

Also called: Deemed abandoned, Deemed withdrawn

CriticalIntermediateFounderIP professionalInventor

Most Indian applications that die are never refused. They simply stop, because a date passed.

In simple words: The position where an application is treated as abandoned or withdrawn because a statutory requirement was not met in time - most commonly failing to put the application in order for grant within the period allowed after the examination report.
Think of it as: Death by deadline, not by decision.
Why it matters: Abandonment usually needs no order and produces no letter you can appeal in the ordinary way. It is why deadline discipline matters more than argument quality in most portfolios.
A simple example: No reply is filed within six months of the first examination report and no extension is requested. The application is treated as abandoned under section 21.
Common mistake: Assuming the general extension power will cure it. Whether the extension power in rule 138 reaches deadlines such as the examination request or national phase entry is not settled - do not plan around it.
Where it comes from: Patents Act 1970, sections 9(1) and 21; Patents Rules 2003, rules 24B, 20(4)(i) and 138 as substituted in 2024

Sources & further reading

The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
The Patents Rules, 2003, as amended (e-version updated to 15 March 2024) — Official IP India text
The Patents (Amendment) Rules, 2024 - G.S.R. 211(E), 15 March 2024 — Gazette text via WIPO Lex

CriticalIn simple words

First Examination Report

The Patent Office's first written list of objections to your application, together with the prior art relied on. You have six months from its issue to put the applic…

Intermediate

CriticalCriticality

Most applications do not fail. They stop.

Very few Indian applications are refused after an argument. Most simply end because a date passed - and because there is no decision to appeal, there is often nothin…

During examinationBeginner

CriticalMyth

Patent deadlines can always be extended if you pay.

Some can. Several of the most important cannot, or their extendability is unsettled - and an application that misses one is simply treated as abandoned or withdrawn.

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Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.

Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.