Request for Examination

1An application will be taken up for examination if the applicant or any other interested person makes a request for examination, in Form 18 paying the prescribed fee, after the publication of application within 31 months from the date of priority of the application or from the date of filing of application, whichever is earlier. Before the 2024 Amendment, the period used to be 48 months which has been shortened now. (Patents Act 1970, s 11B(1); Patents Rules 2003, r 24B(1)(i).) Ordinarily, PCT National phase applications are processed or examined only after the expiry of 31 months from the priority date, but such application may be taken up for examination before the said period on the express request of the applicant filed in Form 18 along with the prescribed fees. (Ibid, rr 20(2), 20(4)(i) and 20(4)(ii).)

2In the case of application filed under s 5(2) of the Patents Act before 1 January 2005, a request for examination shall be made by the applicant or any other interested person within 31 months from the date of priority or from the date of filing of application. (Ibid, r 24B(1)(ii).) The period for making a request for examination under s 11B for applications filed before 1 January 2005 shall be the period specified under s 11B before the commencement of the Patents (Amendment) Act 2005 or the period specified under the Rules, whichever expires later. (Ibid, r 24B(1)(v).)

3If the applicant or any other person interested does not make a request for examination of the application within 31 months under s 11B(1) or s 11B(3) or within six months from the date of revocation of the secrecy direction, whichever is later, the application will be treated as withdrawn by the applicant. (Patents Act 1970, s 11B(4); Patents Rules 2003, r 24B(1)(iii).) However, the applicant may, at any time after filing the application but before the grant of patent, withdraw the application by making a request in writing. (Patents Act 1970, s 11B(4); Patents Rules 2003, r 26.)

4A request for examination under s 16(3) shall be made within 31 months from the date of filing of the application or from the date of priority of the first mentioned application or within six months from the date of filing of the further application, whichever is later. (Patents Rules 2003, r 24B(1)(iv).)