A first panic about Form 4 usually begins with an email from the docketing team that a deadline has slipped or is about to. The question that follows is blunt, can this be saved with an extension or condonation of delay, and if so, how many months and at what cost. Since the Patents, Amendment, Rules, 2024, the contours have changed significantly. Form 4 has moved from a modest one-month lifeline to a structured, fee-linked tool that can keep many Indian patent deadlines alive for longer, provided one understands what can be extended or condoned, and when to act.
What is Form 4 and when is it used?
Form 4 is the prescribed request for extension of time or condonation of delay under the Patents Rules. After the 2024 amendments, Rule 138 now allows the Controller to extend the time for doing any act or taking any proceeding under the Rules, or to condone delay, for a period of up to six months. The request must be filed in Form 4, and it may be made multiple times, as long as it is made before the six-month outer window expires.
The current Form 4 text itself cross-references common use cases, including Section 8 updates, specification formalities, responses to examination, expedited examination stages, annuities and working statements. This makes Form 4 the single procedural vehicle for most deadline management at the Indian Patent Office.
What changed in 2024, and why it matters
Three practical shifts define the post-amendment landscape:
Six-month runway. The Controller may extend time or condone delay up to six months, with repeat requests permitted within that window. This is a decisive change from the pre-2024 one-month model and its exclusion list.
Fewer exclusions. Commentary and client alerts agree that the earlier carve-outs under Rule 138 were removed, expanding the universe of extendible or condonable Rule-based deadlines. That said, the Rule governs acts under the Rules, not under the Act, so statutory deadlines in the Patents Act still stand outside Rule 138.
Defined fees. The official fee for each month of extension or condonation is ₹50,000 for large entities and ₹10,000 for others such as natural persons, startups, small entities, and educational institutions. Budgeting now matters, particularly if several months are needed.
What can be extended or condoned with Form 4?
In practice, think in two buckets.
A) Deadlines set by the Rules, typically eligible post-2024
Examples include, subject to Controller’s discretion and the six-month cap:Form 3 updates under Rule 12, especially when a fresh Form 3 is directed.
Specification and formatting compliance under Rule 13 and drawings under Rule 15.
Response to the first examination report and allied prosecution milestones under Rule 24B/24C.
Working statement timelines under Rule 131, which the IPO has itself mapped with extension scenarios through Form 4 and then Rule 138.
B) Deadlines set by the Act, generally outside Rule 138
Rule 138 operates “notwithstanding anything contained in these Rules” and speaks to time “specified thereunder”. It does not enlarge or dilute statutory timelines in the Patents Act, 1970. Therefore, do not rely on Form 4 to extend a period that the Act itself fixes, for example core filing windows that the statute prescribes. Use Form 4 for Rule-based acts, and treat Act-based timelines as firm unless a specific statutory safety-valve exists. This demarcation is reflected in cautious practitioner analyses even while welcoming the broader extension power.A note on PCT national phase entry: historically, after a 2016 change, the extra month via Rule 138 was unavailable, and courts took a strict view of the 31-month entry. Post-2024, many commentaries read the deletion of exclusions as opening the door to relief under Rule 138 for Rule-based deadlines, potentially including national phase entry, but practice is still settling. If a national phase date is at risk, file Form 4 immediately, present reasons, and do not bank on relief unless and until the IPO allows it on the facts.
How to use Form 4 effectively, step by step
Pin the source of the deadline. Verify whether the time limit flows from the Rules or from the Act. Form 4 helps with the former. When in doubt, treat it as Rule-based and file, but document your reasoning.
Count the six months. You get a rolling window of up to six months from the original due date to seek extensions or condonation. You may file more than once within that outer window. Do not let the six-month window lapse.
Budget the monthly fee. Each month attracts the Rule 138 fee. For a large entity, three months means ₹150,000 in official fees, so escalate early internally.
State reasons and attach proof. While the Rule does not itemise grounds, reasoned, documentary support helps discretion. If delays flow from network outages, strikes, or extraordinary events, spell them out. Pre-amendment IPO practice notes recognised such factors and they remain persuasive.
Coordinate companion forms. If the delay touches Form 3, FER response, drawings, or Form 27, ensure corresponding filings are ready to lodge promptly once time is extended or delay condoned.
Jurisprudence, and how courts read delays
Courts have historically been strict where the framework made a deadline non-extendable, particularly before 2024. For instance, Delhi High Court in Sphaera Pharma Pte. Ltd. v. Union of India took the view that Rule 138, as it then stood, did not rescue certain time limits tied to Rule 24B. The broad lesson remains that relief tracks the text of the Rules as they stand at the time of decision. With the 2024 deletion of exceptions and expansion to six months, applicants now have a wider runway, but it is still discretionary and must be earned with reasons.
On the appellate side, Gilead Sciences illustrates that condonation questions can arise beyond the Patent Office stage. There, delay in filing an appeal was placed for consideration, underscoring that courts look at sufficient cause in context. The takeaway for applicants is to maintain a clean record of reasons and prompt action whenever condonation is sought.
Fees and categories, in practice
Per-month fee under Rule 138: ₹50,000 for large entities, ₹10,000 for others, per month of extension or condonation.
Multiple bites allowed within six months, but each month costs.
E-filing preferred to time-stamp the request and reduce any postal lag risk.
Applicants routinely ask whether a single Form 4 can cover the full six months. In practice, you may state the required period up front, but if the Controller is inclined to grant in tranches, be prepared to top-up with additional Form 4s before the outer window closes. The “any number of times” clause in Rule 138 supports this practical approach.
Frequent questions, answered within the flow
Is condonation different from extension?
Yes. Extension is prospective, requested before a due date lapses. Condonation acknowledges that the deadline passed and seeks regularisation within the six-month window. Both ride on Form 4 post-2024.Can I revive a missed national phase entry with Form 4 now?
The 2024 Rule text and commentary have removed earlier exclusions and expanded discretion, yet national phase relief remains a fact- and practice-sensitive question. File Form 4 promptly with reasons and do not assume automatic acceptance.How many times may I file Form 4?
As many times as needed within six months from the original due date. Beyond six months, Rule 138 is unavailable.What if the Controller has already issued a direction, for example a fresh Form 3?
Treat it as high priority. File the information and, if time is short, a Form 4 with reasons. The Rules now explicitly allow Controllers to rely on databases and to call for a fresh Form 3 with time-bound compliance, which can be paired with Form 4 if needed.A simple, do-it-right Form 4 checklist
Before the due date or within six months of lapse
Identify if the time limit is Rule-based. If yes, proceed with Form 4.
Compute the months sought and tally the official fee by entity status.
Draft a short, factual statement of reasons, attach supporting documents.
Prepare the substantive filing that will be made once time is granted or delay is condoned, for example the FER response or corrected drawings.
When national phase entry or other critical acts are involved
File Form 4 without delay.
Add a clear timeline of events and any exceptional circumstances.
If multiple related deadlines are impacted, lodge separate, tailored Form 4s, cross-referencing facts.
After relief is granted
File the pending act immediately, do not use the entire extended period unless necessary.
Update internal dockets and, where relevant, notify foreign counsel to keep family strategy aligned.
Final takeaways
The 2024 amendments have turned Form 4 into a meaningful safeguard for Indian patent procedure. The six-month window, the ability to file more than once, and the clarified fee structure give applicants real options when deadlines slip. The strategic discipline remains the same, act early, separate Rule-based from Act-based deadlines, justify the request with documents, and keep the substantive filing ready. Applicants who treat Form 4 as a structured remedy rather than a last-minute panic button will preserve rights at far lower risk and cost.
