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

Sunita's application is subject to a secrecy direction issued under section 35, and the time for requesting examination would otherwise have lapsed during that direction. Which statement is correct under section 11B?

The request for examination may be made within the prescribed period from the date the secrecy direction is revoked. The proviso to section 11B(4) protects such applicants from deemed withdrawal, though a request is still needed before examination begins.

  1. AThe application is automatically treated as withdrawn once the period lapses
  2. BThe request for examination may be made within the prescribed period from the date of revocation of the secrecy directionCorrect
  3. CExamination can never be requested after a secrecy direction
  4. DThe Controller must examine it without any request

Explanation

Proviso (ii) to section 11B(4) says where a secrecy direction has been issued under section 35, the request for examination may be made within the prescribed period from the date of revocation of the direction. So deemed withdrawal does not automatically follow, and a request is still required.

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