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CS Professional · Intellectual Property Rights - Law and Practice · Types of Intellectual Property

Vikram files an Indian patent application on 10 March 2025 and does not file a request for examination. Which statement reflects the correct rule in the Indian patent system?

The application will not be examined unless a request for examination is filed within the prescribed time. Indian law does not provide automatic examination on filing, and absence of opposition does not lead to grant. Failing to request examination can cause the application to be treated as withdrawn.

  1. AThe application is not examined unless a request for examination is filed within the prescribed timeCorrect
  2. BThe Controller automatically examines every application on filing
  3. CA patent is granted automatically if no one opposes within a year
  4. DExamination is required only for foreign applicants

Explanation

In India, an application is examined only when the applicant or an interested person files a request for examination within the prescribed period. Without this request the application is not taken up for examination, and it may be treated as withdrawn. Grant does not follow merely from lack of opposition.

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