When COVID-19 struck, the Supreme Court froze limitation across every proceeding, and the IP offices extended their deadlines — a lifeline for rights holders unable to meet filing dates. Here is the record, with a note on how it later wound down.
Update: These were emergency, time-bound measures. The Supreme Court’s In Re: Cognizance for Extension of Limitation proceedings concluded, ultimately excluding the period 15 March 2020 to 28 February 2022 from limitation computations, after which normal timelines resumed. Treat the deadlines below as a historical record, and check the current position for any live matter.
The Supreme Court’s suo motu order
On 23 March 2020, the Supreme Court took suo motu cognizance and ordered that “a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s.”
Using Articles 141 and 142 of the Constitution, the Court made the order binding on all courts, tribunals and authorities nationwide — including the IP offices.
The IP offices’ response
The Trademarks Office and the Delhi High Court shaped IP practice through 2020–2021:
- 23 Mar 2020 — Supreme Court’s limitation extension from 15 March.
- 15 Apr 2020 — IP Office closed to 3 May; hearings adjourned.
- 4 May 2020 — deadlines for matters due 2–17 May extended to 18 May.
- 11 May 2020 — Delhi High Court suspended the IP Office’s public notice.
- 17 Jun 2020 — Delhi High Court reaffirmed its order; the IP Office confirmed compliance.
Later orders modified the extension in phases, with the Supreme Court reinstating suspensions on 27 April 2021 and 10 January 2022, before the final wind-down.
How the offices operated
The IP offices extended deadlines while keeping online e-filing operational, with deadline locks removed to allow continuous submission. Physical access was restricted; services ran online and by email.
Across the subcontinent
Pakistan, Sri Lanka, Nepal, Bangladesh and the Maldives each implemented their own deadline extensions through their respective IP offices — a reminder that regional portfolios needed jurisdiction-by-jurisdiction tracking.
The lasting lessons
- Limitation can be suspended in a genuine emergency — courts have the power, and used it.
- Keep records of the excluded period. For anything touching 15 Mar 2020–28 Feb 2022, that window is excluded from limitation.
- Portfolios need local tracking. Each subcontinent jurisdiction moved on its own timetable.
Frequently asked questions
Did India extend IP deadlines during COVID-19? Yes. The Supreme Court suspended limitation from 15 March 2020, and the IP offices extended their deadlines, with online filing kept open.
Are those extensions still in force? No. They concluded, with the period 15 March 2020 to 28 February 2022 excluded from limitation; normal timelines then resumed.
What legal basis did the Supreme Court use? Articles 141 and 142 of the Constitution, making its suo motu order binding on all courts, tribunals and authorities.
Did other subcontinent countries extend deadlines too? Yes — Pakistan, Sri Lanka, Nepal, Bangladesh and the Maldives each adopted their own measures.