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CS Professional · Intellectual Property Rights - Law and Practice · Patent Documentation, Examination and Infringement

Anita Dynamics Ltd filed an application, and the Controller issued a secrecy direction under Section 35. The direction was later revoked. Regarding the request for examination, which statement is correct under Section 11B?

The request may be made within the prescribed period counted from the date of revocation of the secrecy direction. The proviso to Section 11B(4) gives this concession where a secrecy direction was issued under section 35, so the original period does not bar the applicant.

  1. AThe request must have been made within the original prescribed period regardless of the direction
  2. BThe application is withdrawn automatically upon revocation
  3. CThe request may be made within the prescribed period from the date of revocation of the secrecy directionCorrect
  4. DExamination is dispensed with for such applications

Explanation

Proviso (ii) to Section 11B(4) says that where a 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 direction. The first option ignores this proviso. Nothing dispenses with examination or causes automatic withdrawal on revocation.

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