Skip to content

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

Meera Textiles files a patent application in India for a new dyeing process but does not file any request for examination within the prescribed period, and no secrecy direction has been issued. What is the legal position under the Patents Act, 1970?

The application is treated as withdrawn by the applicant. No application can be examined without a request for examination made in the prescribed manner and period, and failure to make it triggers deemed withdrawal under section 11B(4).

  1. AThe Controller must refer it to an examiner automatically after publication
  2. BThe application is treated as withdrawn by the applicantCorrect
  3. CThe application is deemed granted without examination
  4. DThe application is refused and the fee is forfeited as a penalty

Explanation

Section 11B(1) bars examination unless a request is made in the prescribed manner within the prescribed period. Under section 11B(4), failure to request examination means the application is treated as withdrawn. Automatic referral (option 1) is wrong because section 12 operates only once a request has been made.

Did you get it right without looking?

One question tells you little. A timed set on Patent Documentation, Examination and Infringement shows your real accuracy, how long you take and where you lose marks.

Practise Patent Documentation, Examination and InfringementFree diagnostic mock

More Patent Documentation, Examination and Infringement questions