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

Rohan Pharma Pvt Ltd filed a patent application. A competitor, Sanjay Labs, which is an interested person and not the applicant, wants the application examined. Under Section 11B(1), what is the position?

Sanjay Labs may request examination in the prescribed manner within the prescribed period. Section 11B(1) allows either the applicant or any other interested person to make the request, and no application is examined without such a request.

  1. AOnly the applicant may request examination
  2. BSanjay Labs may request examination in the prescribed manner within the prescribed periodCorrect
  3. CSanjay Labs may request it only after the patent is granted
  4. DExamination can be requested only by the Controller

Explanation

Section 11B(1) states that no application shall be examined unless the applicant or any other interested person makes a request in the prescribed manner within the prescribed period. So an interested person like Sanjay Labs can make the request. Restricting it to the applicant ignores the words 'any other interested person'.

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