THE PATENTS ACT, 1970

Powers of Controller in cases of anticipation —(1) Where it appears to the Controller thatthe invention so far as claimed in any claim of the complete specification has beenanticipated in the manner referred to in clause (a) of sub section (1) or sub-section (2) ofsection 13, he may refuse the application unless the applicant—(a) shows […]

Power of Controller to make orders respecting dating of application — (1) Subject to theprovisions of section 9, at any time after the filing of an application and before the grant ofthe patent under this Act, the Controller may, at the request of the -applicant made in theprescribed manner, direct that the application shall be

Power of Controller to make orders respecting division of application (1) A person whohas made an application for a patent under this Act may, at any time before the grant ofthe patent, if he so desires, or with a view to remedy the objection raised by the Controlleron the ground that the claims of the

Power of Controller to refuse or require amended applications, etc., in certain case Where the Controller is satisfied that the application or any specification or any otherdocument filed in pursuance thereof does not comply with the requirements of this Act orof any rules made thereunder, the Controller may refuse the application or may requirethe application,

Consideration of the report of examiner by Controller Where, in respect of an applicationfor a patent, the report of the examiner received by the Controller is adverse to theapplicant or requires any amendment of the application, the specification or otherdocuments to ensure compliance with the provisions of this Act or of the rules madethereunder, the

Search for anticipation by previous publication and by prior claim (1) The examiner towhom an application for a patent is referred under section 12 shall make investigation forthe purpose of ascertaining whether the invention so far as claimed in any claim of thecomplete specification—(a) has been anticipated by publication before the date of filing of

Examination of application (1) When a request for examination has been made in respectof an application for a patent in the prescribed manner under sub-section (1) or sub-THE PATENTS ACT, 1970Page 18section (3) of section 11B, the application and specification and other documents relatedthereto shall be referred at the earliest by the Controller to an

Request for examination —(1) No application for a patent shall be examined unless theapplicant or any other interested person makes a request in the prescribed manner forsuch 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

Publication of applications —(1) Save as otherwise provided, no application for patentshall ordinarily be open to the public for such period as may be prescribed.(2) The applicant may, in the prescribed manner, request the Controller topublish his application at any time before the expiry of the period prescribed under subsection (1) and subject to the

Priority dates of claims of a complete specification —(1) There shall be a priority date foreach claim of a complete specification.(2) Where a complete specification is filed in pursuance of a single application accompaniedby—(a) a provisional specification; or(b) a specification which is treated by virtue of a direction under subsection (3) ofsection 9 as a