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Section 12 – The Patents Act,1970

The Patents Act,1970

Section 12. Examination of application

(1) When a request for examination has been made in respect of an application for a patent in the prescribed manner1 [under sub-section (1) or sub-section (3) of section 11B, the application and specification and other documents related thereto shall be referred at the earliest by the Controller] to an examiner for making a report to him in respect of the following matters, namely,

(a) whether the application and the 2[specification and other documents relating thereto] are in accordance with the requirements of this Act and of any rules made thereunder;

(b) whether there is any lawful ground of objection to the grant of the patent under this Act in pursuance of the application;

(c) the result of investigations made under section 13; and

(d) any other matter which may be prescribed.

(2) The examiner to whom the application and the 3[specification and other documents relating thereto] are referred under sub-section (1) shall ordinarily make the report to the Controller within 4[such period as may be prescribed].

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1. Substituted by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.

2. Substituted for “specification relating thereto” by Patents (Amdt.) Act,2002, w.e.f. 20-5-2003 vide S.O. 561 (E),dt. 20-5-2003.

3. Substituted for “a period of eighteen months from the date of such reference” by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.

4. Words “as the Controller may direct” omitted by Patents (Amdt.) Act,2002, w.e.f. 20-5-2003 vide S.O. 561 (E),dt. 20-5-2003.

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The Patents Act,1970

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