Section 11B: Request for examination.

The Patents Act, 1970Central Act · Act 39 of 1970

[11B. 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.]

* * * * *

[(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patent within the period as specified under sub-section (1)*** or sub-section (3), the application shall be treated as withdrawn by the applicant: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.]

Where this provision sits

Act	The Patents Act, 1970
Section	11B
Marginal note	Request for examination.
Jurisdiction	Central
Status	In force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

inserted. . Ins. by s. 9, ibid. (w.e.f. 20-5-2003).
substituted. . Subs. by s. 11, ibid., for sub-section (1) (w.e.f. 1-1-2005).
omitted. . Sub-section (2) omitted by s. 11, ibid. (w.e.f. 1-1-2005).
substituted. . Subs. by s. 11, ibid., for sub-section (3) (w.e.f. 1-1-2005).
omitted. . The words, brackets and figure "or sub-section (2)" omitted by s. 11, ibid. (w.e.f. 1-1-2005).
substituted. . Subs. by s. 11, ibid., for the proviso (w.e.f. 1-1-2005).

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