Since the inception of the COVID-19 pandemic, every agency and institution of the Government have been putting their best foot forward with endurance. Be it for the citizens, people or its own working professionals, they have worked towards the safety and health of the people of the land.

The Supreme Court of India had taken suo moto cognizance and rendered a laudable order on March 23, 2020, by extending the period of limitation in all matters, irrespective of the genre of laws. It held that a period of limitation in all proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended with effect from March 15, 2020, until further order(s) are passed in the proceeding.

The Delhi High Court, performed its act of benevolence while respecting the order of the Apex Court and suspended the public notice dated May 4, 2020 (hereinafter ‘the notice’) issued by the Office of The Controller General of Patents, Designs and Trade Marks.

Agreeing with the counsel, Mr. Chander M. Lall, the Hon’ble High Court held as follows:

  1. No Court, Tribunal or any authority can act contrary to the order of the Supreme Court dated March 23, 2020.
  2. Under Article 144 of the Constitution, all authorities whether civil or judicial, located in the territory of India are required to act in aid of the orders passed by the Supreme Court.

Based on the aforementioned, the Court suspended the operation of the notice, further observing that the said notice, was issued after the Supreme Court order and is, therefore, not on record.

In a nutshell, like all other limitations, the deadlines for completion of various acts/proceedings, filings, payment of fees, etc. in the matters of any IP applications is extended until further directions and is not barred by public notice of May 4, 2020.