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

Dev Agro filed an application and the applicant made no request for examination within the prescribed period; no secrecy direction was issued under Section 35, and Dev Agro did not withdraw the application. Under Section 11B, what is the consequence?

The application is treated as withdrawn by the applicant. Section 11B bars examination without a request within the prescribed period, and Section 11B(4) deems non-request to be a withdrawal, since no secrecy direction under Section 35 was issued in this case.

  1. AThe application is treated as withdrawn by the applicantCorrect
  2. BThe application is automatically referred to an examiner by the Controller
  3. CThe application is deemed refused with a right of appeal
  4. DThe application proceeds to grant without examination

Explanation

Section 11B(1) bars examination unless a request is made in the prescribed manner within the prescribed period. Under Section 11B(4), if no request is made within that period, the application is treated as withdrawn by the applicant. The exception for secrecy directions does not apply here.

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