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Bare acts > Patents (Amendment) Act, 2005 > Section 11
 
  


 

11. Amendment of section 11B.- 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.".

 

 

 

 

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