Section 9 in The Intellectual Property Appellate Board (Patents Procedure) Rules, 2010
9. Presentation and scrutiny of appeal or application.
(1)The Deputy Registrar shall endorse on every appeal or application the date with his signature on which it is presented.(2)If, on scrutiny, the appeal or application is found to be in order, it shall be duly registered and given a serial number and if any defect is noticed, the appeal or application shall not be registered until such defect is rectified.(3)If an appeal or application is found to be defective and the defect noticed is formal in nature, the Deputy Registrar may allow the appellant or applicant to rectify the same in his presence and if the said defect is not formal in nature, the Deputy Registrar may allow the appellant or applicant fifteen days time to rectify the defect as he may deem fit and if the appeal or application has been sent by post and found to be defective, the Deputy Registrar shall communicate the defects to the appellant or applicant and allow the appellant or applicant fifteen days time from the date of receipt of the communication from the Deputy Registrar. to rectify the defects.(4)If the appellant or applicant fails to rectify the defects within the time allowed under sub-rule (3), the appeal or application shall be deemed to have been abandoned, unless the time is extended or the delay is condoned in rectifying the defect, in either case not exceeding 30 days as the case may be by the Deputy Registrar.
