11B. Request for examination
(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.
(3) In case of an application in respect of a claim for a patent filed under the erstwhile section 5(2) before 1-1-2005, 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) Where no request for examination is made within the period specified under sub-section (1) or sub-section (3), the application shall be treated as withdrawn by the applicant:
Provided that (i) the applicant may, at any time after filing the application but before grant of a patent, withdraw the application by making a request in the prescribed manner; and (ii) where a 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.
Sub-section (2) was omitted by the Patents (Amendment) Act, 2005, w.e.f. 1-1-2005.
