Patents Rules, 2003
6. Leaving and serving documents .—
1. Any
application, notice or other document authorised or required to be filed, left,
made or given at the patent office, or to the Controller or to any other person
under the Act or these rules, may be tendered by hand or sent by a letter
addressed to the Controller at the appropriate office or to that person through
post or registered post or speed post or courier service or by electronic
transmission duly authenticated. If it is sent by post or registered post or
speed post or courier service or by electronic transmission duly authenticated,
it shall be deemed to have been filed, left, made or given at the time when the
mail containing the same would have been delivered in the ordinary course of
post or registered post or speed post or courier service, or by electronic
transmission duly authenticated, as the case may be. In proving such sending,
it shall be sufficient to show that the mail was properly addressed and
transmitted:
2. Any
written communication addressed to a patentee at his address as it appears on
the register of patents or at his address for service given under rule 5, or to
any applicant or opponent in any proceedings under the Act or these rules, at
the address appearing on the application or notice of opposition, or given for
service, shall be deemed to be properly addressed.
3. All
notices and all written communications addressed to a patentee, or to any
applicant or opponent in any proceedings under the Act or these rules, and all
documents forwarded to the patentee or to the said applicant or opponent,
shall, except when they are sent by special messenger, be sent by registered
post or speed post or courier service or by electronic transmission duly
authenticated.
4. The date
of a notice or a written communication addressed to a patentee or to any
applicant or opponent in any proceedings under the Act and these rules shall be
the date of dispatch of the said notice or written communication, by registered
post or speed post or courier or fax or electronic transmission duly
authenticated, as the case may be, unless otherwise specified under the Act or
these rules.
5. In case
of delay in receipt of a document or a communication sent by the patent office
to a party to any proceedings under the Act or these rules, the delay in
transmitting or resubmitting a document to the patent office or doing any act by
the party may be condoned by the Controller if a petition for such condonation
of delay is made by the party to the Controller immediately after the receipt
of the document or a communication along with a statement regarding the
circumstances of the fact and evidence in support of the statement:
Provided that the delay condoned by the Controller shall not
exceed the period between the date on which the party was supposed to have
received the document or communication by ordinary course of mail or electronic
transmission and the actual date of receipt of the same.
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