On April 27, 2021, the Supreme Court had, in light of the second wave of the Covid-19 pandemic that had a devastating and debilitating effect, ordered an extension of the period of limitation in all matters, including intellectual property matters, before all courts, tribunals, and authorities, until further orders.
Now, on September 23, 2021, considering the improving situation and the return to near normalcy in the country, the Supreme Court restored its order of March 8, 2021, subject to certain modifications. The following points from the order of the SC are relevant for deadlines of the Intellectual Property Office (IPO):
In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 02.10.2021 would be excluded. Consequently, any balance period of limitation remaining as on 15.03.2020 would become available with effect from 03.10.2021; and
In those cases where the limitation would have expired during the period between 15.03.2020 to 02.10.2021, irrespective of the actual balance period of limitation remaining, all parties would have a limitation period of 90 days from 03.10.2021. However, if the actual balance period of limitation remaining with effect from 03.10.2021 is more than 90 days, that longer period would apply.