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

Rohit Engineering filed a parent application, and the Controller objected that its claims relate to more than one invention. Rohit files a further application under section 16 for one of the inventions. Which statement is correct regarding its examination?

The further application is deemed filed on the parent application's filing date and is examined once the request for examination is filed within the prescribed period. Section 16 treats it as a substantive application, so section 11B and 12 still apply.

  1. AIt is deemed filed on the parent's filing date and is examined when the request for examination is filed within the prescribed periodCorrect
  2. BIt carries the date of the further filing and is examined automatically without a request
  3. CIt cannot be examined because only the parent can be examined under section 12
  4. DIt is deemed filed on the date of the Controller's objection and needs no request

Explanation

The Explanation to section 16 deems the further application and its complete specification filed on the date of the first application. It is proceeded with as a substantive application and examined when the request for examination is filed within the prescribed period. So an examination request is still needed, ruling out options 2 and 4.

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