Sharabh Shrivastava
INDIA: End of Covid Extension, Supreme Court issues final directions
The Hon'ble Supreme Court vide order dated September 23, 2021 has taken note of the current COVID 19 situation in India being near normal, making it imminent to suspend the extension of limitation period issued vide order dated April 27, 2021.
Consequently, with respect to the calculation of fresh limitation period, the Hon'ble Supreme Court has passed the following directions:
1) In computing the period of limitation for any suit, appeal, application or proceeding, the period from March 15, 2020 till October 2, 2021 shall stand excluded. Consequently, the balance period of limitation remaining as on March 15, 2021, if any, shall become available with effect from October 3, 2021.
2) In cases where the limitation would have expired during the period between March 15, 2020 till October 2, 2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from October 3, 2021. In the event the actual balance period of limitation remaining, with effect from October 3, 2021, is greater than 90 days, that longer period shall apply.
In view of the above, if you have any cases with deadlines falling between March 15, 2020 till date, (such as PCT National phase deadline, convention application deadline, request for examination deadline, annuity deadline, Ofice Action response deadline, opposition/ counter-statement deadline, etc.), please contact us immediately and we will advise you with respect to the same.
With respect to the matters with upcoming (original) deadlines, we request you to kindly provide us with your instructions in a timely manner as per the original deadlines as the Supreme Court order is subject to interpretation by the Indian Patent Office (IPO) and the best practice would be to follow the original deadline. Meanwhile, as and when the IPO issues any orders to clarify the Supreme Court order, we will inform you immediately.
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