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

Kavita Innovations filed an application and made a valid request for examination. Later, deciding the invention is not commercially viable, she wishes to abandon it before any grant. Which statement is correct?

She may withdraw the application at any time after filing but before grant by making a request in the prescribed manner. Proviso (i) to Section 11B(4) gives this right, and it is not lost because a request for examination was already made.

  1. AShe cannot withdraw once examination has been requested
  2. BShe may withdraw at any time after filing but before grant by a request in the prescribed mannerCorrect
  3. CShe may withdraw only if the examiner's report is adverse
  4. DShe may withdraw only within the period for requesting examination

Explanation

Proviso (i) to Section 11B(4) lets the applicant withdraw the application at any time after filing but before grant of a patent, by making a request in the prescribed manner. The right is not lost by requesting examination, nor tied to an adverse report or to the examination request period.

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