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Chapter VIII - Evidence, Etc.

Section 40

Section 40: Applications and notices by post

Section 40 permits documents authorised or required under the Designs Act to be sent by post. It is a transmission provision and should be read with the relevant filing, service and deadline rules.

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Need advice on Section 40?

This article is for general information. Refer to the Designs Act, 2000 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.

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Statutory text

Bare law

Any application, notice or other document authorized or required to be left, made or given at the patent office or to the Controller, or to any other person under this Act, may be sent by post.

Rule and business relevance

The permission covers applications, notices and other documents to be left, made or given at the patent office, to the Controller or to another person under the Act. The text recognises postal transmission for those statutory purposes.

Limits and related provisions

The section does not itself say that every item is filed on the posting date, extend a deadline, remove a prescribed fee or establish the current requirements for electronic filing. Actual service, receipt and prescribed procedural rules must be checked for the document involved.

Hypothetical business example

Hypothetical: an applicant sends a statutory notice by post close to a deadline. It checks the applicable receipt/service rule and keeps dispatch and delivery evidence rather than assuming the permission to post automatically proves timely filing.

Practical decision flow

Identify the document, correct recipient and applicable filing or service rule.

Use the proper address and required enclosures and retain postal dispatch evidence.

Track delivery and verify deadline compliance under the relevant procedure rather than relying on posting alone.

Practical checklist

Do

  • Identify the document, correct recipient and applicable filing or service rule.
  • Use the proper address and required enclosures and retain postal dispatch evidence.
  • Track delivery and verify deadline compliance under the relevant procedure rather than relying on posting alone.

Avoid

  • The section does not itself say that every item is filed on the posting date, extend a deadline, remove a prescribed fee or establish the current requirements for electronic filing. Actual service, receipt and prescribed procedural rules must be checked for the document involved.

Glossary

Postal transmission
Sending the authorised or required document through post.
Service or filing date
The legally relevant date under the applicable procedure, not determined by Section 40 alone.

Frequently asked questions

May a notice under the Act be sent by post?

Yes. Section 40 expressly permits the covered documents to be sent by post.

Does this always make the posting date the filing date?

The section itself does not state that. Check the applicable rules and legal requirements.

Does posting remove requirements for fees or supporting documents?

No. The substantive and procedural requirements for the document remain relevant.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026