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

Meera Textiles Pvt Ltd files a patent application in Chennai for a new dyeing process. Two years later she realises nobody has asked for examination of it. Under the Patents Act, 1970, what is the consequence of no request for examination being made within the prescribed period?

The application is treated as withdrawn by the applicant. Section 11B bars examination without a request made in the prescribed manner and period, and sub-section (4) deems the application withdrawn if no such request is made within that period.

  1. AThe application is automatically examined by the Controller at the earliest
  2. BThe application is treated as withdrawn by the applicantCorrect
  3. CThe application is treated as granted subject to later revocation
  4. DThe application is refused and a fresh application is barred for all time

Explanation

Section 11B(1) bars examination unless a request is made in the prescribed manner within the prescribed period. Section 11B(4) says that if no request is made within that period, the application is treated as withdrawn by the applicant. Automatic examination or deemed grant has no basis in the Act.

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