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* * * * *
3[(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within the period as specified under sub-section (1) 4*** or sub-section (3), the application shall be treated as withdrawn by the applicant:
5[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.]
Footnotes in the official text
- 1.Subs. by s. 11, ibid., for sub-section (1) (w.e.f. 1-1-2005).
- 2.Sub-section (2) omitted by s. 11, ibid. (w.e.f. 1-1-2005).
- 3.Subs. by s. 11, ibid., for sub-section (3) (w.e.f. 1-1-2005).
- 4.The words, brackets and figure “or sub-section (2)” omitted by s. 11, ibid. (w.e.f. 1-1-2005).
- 5.Subs. by s. 11, ibid., for the proviso (w.e.f. 1-1-2005).