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Section 12: Examination of application.

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

[(1) When a request for examination has been made in respect of an application for a patent in the prescribed manner [under sub-section (1) or sub-section (3) of section 11B, the application and specification and other documents related thereto shall be referred at the earliest by the Controller] to an examiner for making a report to him in respect of the following matters, namely:--

(a) whether the application and the [specification and other documents relating thereto] are in accordance with the requirements of this Act and of any rules made thereunder;

(b) whether there is any lawful ground of objection to the grant of the patent under this Act in pursuance of the application;

(c) the result of investigations made under section 13; and

(d) any other matter which may be prescribed.

(2) The examiner to whom the application and the [specification and other documents relating thereto] are referred under sub-section (1) shall ordinarily make the report to the Controller within [such period as may be prescribed].

Where this provision sits

ActThe Patents Act, 1970
Section12
Marginal noteExamination of application.
JurisdictionCentral
StatusIn 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.

  • substituted, Act 38 of 2002. . Subs. by Act 38 of 2002, s. 10, for certain words (w.e.f. 20-5-2003).
  • substituted, Act 15 of 2005. . Subs. by Act 15 of 2005, s. 12, for certain words, brackets, figures and letter (w.e.f. 1-1-2005).
  • substituted, Act 38 of 2002. . Subs. by Act 38 of 2002, s. 10, for "specification relating thereto" (w.e.f. 20-5-2003).
  • substituted, Act 15 of 2005. . Subs. by Act 15 of 2005, s. 12, for "a period of eighteen months from the date of such reference" (w.e.f. 1-1-2005).

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