The Patents (Amendment) Act, 2005, 15 of 2005, (Rep., Act 23 of 2016)

Section 11. In section 11B of the principal Act,

Repealed or not in force · As amended up to 2026-08

11. In section 11B of the principal Act,— (a) for sub-section (1), the following sub-section shall be substituted, namely:— "(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."; (b) sub-section (2) shall be omitted; (c) for sub-section (3), the following sub-section shall be substituted, namely:— "(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."; (d) in sub-section (4),— (i) the words, brackets and figure "or sub-section (2)" shall be omitted; (ii) for the proviso, the following proviso shall be substituted, namely:— "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.".

Source: India Code