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

Sunrise Chemicals' application was published. Its competitor Tara Industries, an interested person and not the applicant, files a request for examination within the prescribed period. A document published abroad, outside the Indian patent specifications, discloses the claimed invention before Sunrise's filing date. Which statement is correct under Sections 11B, 12 and 13?

Examination can proceed on Tara's request, since Section 11B allows any interested person to request it. The examiner must also investigate anticipation by publication in India or elsewhere in any other document before the filing date under Section 13(2); examination does not warrant validity.

  1. ATara cannot request examination because only the applicant may do so
  2. BExamination can proceed on Tara's request, and the examiner must also investigate anticipation by publication in India or elsewhere in any other document before the filing dateCorrect
  3. CThe examiner is limited to Indian specifications dated on or after 1 January 1912
  4. DThe examination warrants the validity of any patent granted and so binds the Central Government

Explanation

Section 11B(1) permits the applicant or any other interested person to request examination. Section 13(2) requires the examiner to investigate anticipation by publication in India or elsewhere in any other document before the filing date. Section 13(4) says examination does not warrant validity, so the last option is wrong.

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