The Patents Act,1970
Section 11 B. Request for examination
1[(1) No application for a patent shall be examined unless the applicant or any other interested person makes a request in the prescribed manner for such examination within the prescribed period.]
2[(2) xxx]
1[(3) In case of an application in respect of a claim for a patent filed under sub-section (2) of section 5 before the 1st day of January,2005 a request for its examination shall be made in the prescribed manner and within the prescribed period by the applicant or any other interested person.]
(4) In case the applicant or any other interested person does not make a request for examination of the application for a patent within the period as specified under sub-section (1) 3[x x x] or sub-section (3), the application shall be treated as withdrawn by the applicant:
1[PROVIDED that
(i) the applicant may, at any time after filing the application but before the grant of a patent, withdraw the application by making a request in the prescribed manner; and
(ii) in a case where 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 secrecy direction.]
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1. Substituted by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.
2. Omitted by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.
3. “or sub-section (2)” omitted by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.
