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

Vikram Engineering made a request for examination of its application under Section 11B. Which statement about what follows and about the rule-making power is correct?

After a valid request, the Controller refers the application at the earliest to an examiner under Section 12 for a report. The manner and period for making the request are matters left to rules under Section 159(2)(id), not fixed in Section 11B itself.

  1. AThe Controller must grant the patent within the prescribed period
  2. BThe application is referred at the earliest by the Controller to an examiner under Section 12, and the manner and period of the request are fixed by rules under Section 159Correct
  3. CThe examiner decides on grant, and rules play no part in the request
  4. DThe application is published only after the examiner reports

Explanation

Section 12(1) says that when a request is made under Section 11B(1) or (3), the Controller refers the application at the earliest to an examiner for a report. Section 159(2)(id) empowers rules on the manner of requesting examination and the period. The Controller does not have to grant within a period, and the examiner only reports.

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