Form 4 — Request for Extension of Time or Condonation of Delay
Form 4 asks the Controller for more time to do something, or to excuse a delay that has already happened.
What Form 4 is for
Patent practice is a sequence of deadlines, and not every deadline is met. Form 4 is the request that asks the Controller either to extend a period before it runs out, or to condone a delay after it has run out. It is used in two distinct settings. The first is the extension of the period for paying a renewal fee, which Section 53 allows for a further six months on payment of the fee prescribed in the First Schedule. The second is the general power in Rule 138, under which the Controller may extend a time specified in the Rules or condone a delay.
The general power is not unlimited. Rule 138 as amended in 2024 allows an extension or condonation of up to six months, and that period can be requested more than once within the overall limit. The request must be made in the prescribed manner with the fee prescribed in the First Schedule. Crucially, the power applies to periods fixed by the Rules. Periods fixed by the Act itself are not extended by this route, and the Controller has no discretion to rewrite the statute.
Granting relief is discretionary. The Controller looks at the reason offered, whether the request was made promptly, and whether anyone else would be prejudiced. A candid explanation supported by facts is treated very differently from a bare request. Because Rule 138 has been amended, and because the Second Schedule forms change, download the current Form 4 from the Indian Patent Office and read the current text of the Rule before relying on any particular limit.
Who files it, and when
The applicant, the patentee or their authorised agent files it. In opposition and other contested proceedings, a party to the proceeding may file it in respect of a period that applies to that party. Where a patent has several proprietors, the request is normally made on behalf of all of them.
For renewal fees, the request is made within the six-month extension window that Section 53 allows after the due date, and the renewal fee together with the additional fee prescribed in the First Schedule must be paid inside that window. For periods fixed by the Rules, the request may be made before the period expires or after it has expired, subject to the six-month outer limit that Rule 138 sets as amended in 2024. Some periods are excluded from the general power, so the current text of the Rule must be checked against the specific deadline in question before assuming relief is available.
How it is filed
- Identify precisely which period is in question and whether it is fixed by the Act or by the Rules.
- Check the current text of Rule 138 to confirm whether that period can be extended or condoned at all.
- Prepare a short, factual statement of the reason for the extension or the delay, with dates.
- Complete the current Form 4, identifying the application or patent number and the period concerned.
- Pay the fee prescribed in the First Schedule for the request, and any underlying fee that also falls due.
- File it as early as possible, ideally before the period expires rather than after.
- Take the substantive step at the same time where you can, so that the office sees the requirement actually met.
What the form asks for
- The application number or patent number and the name of the applicant or patentee.
- A clear description of the act that is late or that needs more time, and the rule or section that fixes the period.
- The original due date and the extra period requested.
- The reasons relied on, stated factually and supported by evidence where the Controller may ask for it.
- Payment of the fee prescribed in the First Schedule for the request.
Described in general terms. Form contents are prescribed in the Second Schedule and change — download the current version from the Patent Office rather than working from any summary, including this one.
Common mistakes with Form 4
- Assuming every deadline can be extended. Periods fixed by the Act, and certain periods expressly excluded from the general power, cannot be saved by this route.
- Filing the request without the underlying act. Asking for time and then still not doing the thing wastes the extension.
- Giving no reason, or a vague reason such as oversight, when the Controller is exercising a discretion and expects an explanation.
- Waiting until the outer limit is nearly reached. Prompt requests are treated more favourably than requests made months after the event.
- Confusing the renewal fee extension under Section 53 with the general power in Rule 138. They are different remedies with different limits.
What happens if it goes wrong
If the request is not made and the deadline passes, the consequence is whatever the missed step carries. An unanswered examination report can lead to the application being treated as abandoned. An unpaid renewal fee causes the patent to cease. Some of those outcomes have their own recovery route, such as restoration for a ceased patent, but that route is narrower and harder. If the request is made and refused, the position is the same as if it had never been made, so the reasons offered matter.
A missed reply date at a Jaipur engineering firm
This is a simplified illustration. Rathore Precision Works of Jaipur receives an examination report on its application for a modular jig. The partner who handles patents is hospitalised, and the firm's reply is prepared but not filed by the date the Rules fix. Two weeks later the office is informed of the position. The firm's agent files Form 4 seeking condonation of the delay under Rule 138, sets out the dates and the reason, pays the fee prescribed in the First Schedule, and files the completed reply on the same day so that the Controller can see the requirement actually met. The Controller considers the explanation and allows the matter to proceed. Had the firm waited several months and offered no reason, the outcome could easily have been different, and if the missed period had been one fixed by the Act rather than by the Rules, no request could have saved it.
Simplified illustration only. Actual outcomes depend on the facts.
Questions about Form 4
Can Form 4 extend a deadline fixed by the Patents Act?
No. The general power to extend time or condone delay operates on periods fixed by the Patents Rules. Where a period is written into the Act itself, the Controller cannot enlarge it, because a rule-making power cannot override the statute. That is why some deadlines are simply fatal if missed, while others can be repaired. The first question in any late situation is therefore not how long the delay is, but whether the period came from the Act or from the Rules.
How long an extension can the Controller allow?
Under Rule 138 as amended in 2024, an extension or condonation of up to six months is available, and a request can be made more than once as long as the total stays within that limit. A request has to be made in the manner the Rule prescribes, with the fee set out in the First Schedule. Separately, Section 53 allows a further six months for paying a renewal fee on payment of the prescribed additional fee. Since the Rule has changed over time, check its current text before relying on any limit.
Is an extension granted automatically once the fee is paid?
No. Paying the fee makes the request valid; it does not decide it. The Controller exercises a discretion, and that discretion is guided by the reason given, how promptly the request was made and whether any other party would be affected. A request supported by a clear factual account, filed soon after the problem arose and accompanied by the completed step, presents well. A bare request filed close to the outer limit does not.
My patent has ceased for non-payment. Can Form 4 bring it back?
Not once the extension window has closed. While the six-month extension under Section 53 is still running, the renewal fee with the additional fee prescribed in the First Schedule can be paid and the patent kept alive. After that the patent has ceased, and the route back is an application for restoration, which must be made within 18 months of the date the patent ceased and requires the Controller to be satisfied that the failure to pay was unintentional.
Facing a missed patent deadline in India?
MYCrave Consultancy & Services can explain which periods are capable of extension and how a request is presented.