The Patents Act, 1970 · IV — 2[PUBLICATION AND EXAMINATION OF APPLICATIONS]

Section 11B. Request for examination

In force · As amended up to 2026-08

11B. Request for examination . —[3] [(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.] 4* * * * * 5[(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within the period as specified under sub-section (1)[6] * or sub-section (3), the application shall be treated as withdrawn by the applicant: 7 [Provided that — (i) the applicant may, at any time after filing the application but before the grant of a patent, withdraw the application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.] 1. Subs. by Act 15 of 2005, s. 10, for "of eighteen months" (w.e.f. 1-1-2005). 2. Ins. by s. 10, ibid . (w.e.f. 1-1-2005). 3. Subs. by s. 11, ibid ., for sub-section (1) (w.e.f. 1-1-2005). 4. Sub-section (2) omitted by s. 11, ibid . (w.e.f. 1-1-2005). 5. Subs. by s. 11, ibid ., for sub-section (3) (w.e.f. 1-1-2005). 6. The words, brackets and figure "or sub-section (2)" omitted by s. 11, ibid . (w.e.f. 1-1-2005). 7. Subs. by s. 11, ibid ., for the proviso (w.e.f. 1-1-2005).

Source: India Code

How this section changed

  1. substituted by Act 15 of 2005, s. 11

    In force from 1 Jan 2005

    Footnote: 3. Subs. by s. 11, ibid ., for sub-section (1) (w.e.f. 1-1-2005).

  2. omitted by Act 15 of 2005, s. 11

    In force from 1 Jan 2005

    Footnote: 4. Sub-section (2) omitted by s. 11, ibid . (w.e.f. 1-1-2005).

  3. substituted by Act 15 of 2005, s. 11

    In force from 1 Jan 2005

    Footnote: 5. Subs. by s. 11, ibid ., for sub-section (3) (w.e.f. 1-1-2005).

  4. substituted by Act 15 of 2005, s. 11

    In force from 1 Jan 2005

    Footnote: 7. Subs. by s. 11, ibid ., for the proviso (w.e.f. 1-1-2005).