Request for examination
—(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) Omitted by the Patents (Amendment) Act, 2005
(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a patent within the period as specified under subsection (1) or sub-section (3), the application shall be treated as withdrawn by the
applicant:
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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