Section 11B Indian Patents Act 1970 (Publication of applications)

Section 11B Indian Patents Act 1970

Section 11B of the Indian Patents Act 1970 is about Request for examination. It is under CHAPTER IV of the Act. CHAPTER IV is titled PUBLICATION AND EXAMINATION OF APPLICATIONS.

Request for examination

[(1) No application for a patent shall be examined unless the applicant or any other interested person makes a request in the prescribed manner for such examination within the prescribed period.]

(2) Omitted

[(3) In case of an application in respect of a claim for a patent filed under sub-section (2) of section 5 before the 1st day of January, 2005 a request for its examination shall be made in the prescribed manner and within the prescribed period by the applicant or any other interested person.]

(4) In case the applicant or any other interested person does not make a request for examination of the application for a patent within the period as specified under sub-section (1)5*** or sub-section (3), the application shall be treated as withdrawn by the applicant:

[Provided that–
(i) the applicant may, at any time after filing the application but before the grant of a patent, withdraw the application by making a request in the prescribed manner; and
(ii) in a case where secrecy direction has been issued under section 35, the request for examination may be made within the prescribed period from the date of revocation of the secrecy direction.]

See also:

Section 11a Indian Patents Act 1970 (Publication of applications)

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