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

Meera Textiles Ltd, Surat, files a patent application for a new dyeing process. Two years pass and neither Meera nor anyone else has made a request for examination within the prescribed period. Under Section 11B, what is the legal position of the application?

The application is treated as withdrawn by the applicant. Section 11B(4) says that where no request for examination is made by the applicant or any other interested person within the prescribed period, the application is deemed withdrawn. It is neither refused nor kept pending.

  1. AIt is treated as withdrawn by the applicantCorrect
  2. BIt is automatically refused by the Controller after a hearing
  3. CIt is referred to an examiner on the Controller's own motion
  4. DIt remains pending indefinitely until a request is made

Explanation

Section 11B(4) provides that if neither the applicant nor any other interested person makes a request for examination within the prescribed period, the application is treated as withdrawn by the applicant. Refusal after a hearing is wrong because the consequence is deemed withdrawal, not a refusal order. Section 12 referral to an examiner happens only after a request is made.

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