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Sunday, April 29, 2012

Address for service in India (patent cases)

Indian Innovators Association (IIA) has received request from innovators , living outside India and with no business address in India, to assist them with temp local address.  IIA is favorably inclined to support such overseas (independent) innovators with the understanding, they would reciprocate and extend similar help to Indian innovators. The provision as per Indian law is reproduced below:

Sometimes, the Registry receives applications or appeals filed against respondents who do not carry on business in India. The Registry has come across both Applications and Appeals, wherein the Respondent does not carry on business in India. However, the address for service in India in respect of the Respondent as filed before the Patent office in Form 1 is not given. The Registry, therefore, has to effect service on the Respondent directly at the foreign address. Sometimes, the notice is not served for various reasons and those Application / Appeal papers are returned to the Registry. In those circumstances, the Registry is requested by the Postal authorities to collect the returned parcels by paying a specified amount on account of demurrage, etc. There is no provision to collect the returned parcels by the Registry. Further Form 2 of the Patents Appeals & Application to the IPAB Rule 2011 provides for intimation of address for service in India if the applicant has no place of business or of residence in India. The same will be applicable to Respondent also. In view of the above, the Registry may insist on address for service in India, and the applicants / appellants are required to specify the same. If the above is not complied with, the Registry shall issue defect notice.
(By Order)
Deputy Registrar
23rd September 2011

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