Section 21 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 21 sets a deadline. From the date the Controller forwards the first statement of objections, the applicant has a prescribed period to comply with every requirement. If the applicant does not, the application is deemed abandoned. The section also deals with documents returned to the applicant and with extensions while an appeal is pending. A missed date here ends an otherwise sound application, so it should be the first date in any patent objection reply calendar.
An application is deemed to have been abandoned unless, within the prescribed period, the applicant has complied with all requirements imposed on him by or under the Act, counted from the date on which the first statement of objections is forwarded by the Controller (21(1)). Returned documents must be refiled (Explanation). If an appeal to the High Court is pending, time can be extended (21(2), (3)).
Omitted sections 22 to 24
Sections 22, 23 and 24 (acceptance of complete specification, its advertisement and its effect) were omitted by the Patents (Amendment) Act, 2005 with effect from 1-1-2005. The section also replaced the earlier section 21. In the present Act, section 21 is followed directly by Chapter V on opposition proceedings.
Section 21(1): the deadline
"An application for a patent shall be deemed to have been abandoned unless, within such period as may be prescribed, the applicant has complied with all the requirements imposed on him by or under this Act, whether in connection with the complete specification or otherwise in relation to the application from the date on which the first statement of objections to the application or complete specification or other documents related thereto is forwarded to the applicant by the Controller."
| Element | Text |
|---|---|
| Consequence | "deemed to have been abandoned" |
| Condition | "complied with all the requirements imposed on him by or under this Act" |
| Scope | "whether in connection with the complete specification or otherwise in relation to the application" |
| Start | "the date on which the first statement of objections ... is forwarded to the applicant by the Controller" |
| Period | "such period as may be prescribed" |
Points to note:
- The clock starts when the Controller forwards the first statement of objections, not when the examiner reports and not when the applicant receives it. The Act uses the word "forwarded".
- All requirements. The test is compliance with "all the requirements", not just the main objection.
- The period is "as prescribed". The Patents Rules, 2003 fix it. This article gives no number.
- Abandonment is deemed. No further order is needed by the text of the sub-section.
- Section substituted. The whole section was substituted by the 2005 Act (from 1-1-2005).
This links to section 14, where the Controller communicates the gist of the objections and gives a hearing if the applicant requires one within the prescribed period; see our article on section 14. It also links to section 15, where the Controller may require amendment and refuse on failure.
The Explanation: returned documents
"Where the application for a patent or any specification or, in the case of a convention application or an application filed under the Patent Cooperation Treaty designating India any document filed as part of the application has been returned to the applicant by the Controller in the course of the proceedings, the applicant shall not be deemed to have complied with such requirements unless and until he has refiled it or the applicant proves to the satisfaction of the Controller that for the reasons beyond his control such document could not be refiled."
If the Controller returns the application, a specification or (for convention and PCT applications) a document filed as part of the application, the applicant does not count as having complied until he has refiled it. The only exception is where he proves to the Controller's satisfaction that "for the reasons beyond his control" it could not be refiled. The "reasons beyond his control" standard is the Act's own; the text does not give examples.
Section 21(2): appeal pending at the end of the period
- Trigger: when the prescribed period expires, an appeal to the High Court is pending on the application (or, for a patent of addition, on either that application or the main invention's application).
- Condition: the applicant applies for extension before the period expires.
- Result: time is extended "until such date as the High Court may determine". The word "shall" suggests the extension follows once the conditions are met.
Appeals now go to the High Court because the Tribunals Reforms Act, 2021 removed the Appellate Board (with effect from 4-4-2021). Patents of addition are in sections 54 to 56; see our post on patent of addition.
Section 21(3): appeal period not yet expired
Where the appeal has not been filed yet but the time to file it has not run out, the Controller "may" extend the period "to such further period as he may determine". If an appeal is then filed within that further period and the High Court extends time, the requirements may be met within the time the Court grants. The text gives no figure for the appeal period; that is for the provisions on appeals, covered in a later article on section 117A.
Example
Example. Veda Precision Tools Pvt Ltd (fictional) is sent a first statement of objections on a given day. The prescribed period starts from that day. The company amends the claims and files a reply, but the Controller returns one drawing sheet. Under the Explanation, the company is not treated as having complied until it refiles the sheet (or proves it could not for reasons beyond its control). If it refiles after the period has expired, the sub-section (1) consequence has already followed on the text: the application is deemed abandoned. Had the company wished to appeal an adverse order and the prescribed period was about to expire, section 21(2) would allow it to apply, before that period ends, for an extension until the date the High Court determines.
What section 21 does not say
- It does not give the prescribed period or any fee for extension.
- It does not say whether a deemed abandonment can be reversed; the power to extend time under section 81 (covered in a later article) deals with extensions generally, and we do not assume how it applies.
- It does not say what counts as "forwarded" or how the date is proved.
Need help with ...?
Because the clock starts on the date the objections are forwarded, the days that follow decide whether an application survives. Our team can help you read the objections, diarise the date and prepare a complete reply under patent objection reply support. See also our guide on responding to the first examination report.
Key takeaways
- An application is deemed abandoned unless all requirements are met within the prescribed period from the date the first statement of objections is forwarded.
- Returned documents must be refiled, unless the applicant proves refiling was impossible for reasons beyond his control.
- If a High Court appeal is pending when the period expires, time can be extended on an application made before expiry.
- If the appeal period has not expired, the Controller may extend the period.
- Sections 22 to 24 are omitted.
Read next
- Section 26 and 28: inventor and mention of inventor
- Section 14: consideration of examiner's report
- Section 15: power to refuse or require amendment
- Pre-grant opposition: section 25(1)
Disclaimer: Based on the Patents Act, 1970 as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and time limits under the Patents Rules, 2003 change from time to time and are not covered here. This article is general information, not legal advice; check the official text before acting.