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

Ritu Textiles filed a complete specification on 5 June. Under Section 45(1), a patent when granted will be dated as of which date?

The patent will be dated 5 June, the date on which the application was filed. Section 45(1) provides that every patent bears the filing date, not the date of publication, examination request or grant, subject to other provisions of the Act.

  1. AThe date on which the application was published
  2. BThe date on which the request for examination was made
  3. CThe date on which the application was filed, 5 JuneCorrect
  4. DThe date on which the Controller granted the patent

Explanation

Section 45(1) states that, subject to other provisions of the Act, every patent is dated as of the date on which the application for patent was filed. Publication, examination request or grant dates do not fix the date of the patent.

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