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

Kavita Labs' request for examination under section 11B was made on 1 March. The Controller wants to proceed. Which statement correctly describes what section 12 requires next?

The Controller shall refer the application, specification and related documents at the earliest to an examiner for a report. Section 12(1) triggers this after a valid request for examination, and the examiner reports within the prescribed period, not eighteen months.

  1. AThe Controller must personally examine without involving any examiner
  2. BThe Controller shall refer the application, specification and related documents at the earliest to an examiner for a reportCorrect
  3. CThe Controller must wait eighteen months before any reference
  4. DThe application goes to the court for a report on lawful objections

Explanation

Section 12(1) says that once a request for examination is made, the application and documents shall be referred at the earliest by the Controller to an examiner. The eighteen-month period was replaced in 2005 by a prescribed period for the examiner's report, so option 3 is outdated.

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