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Section 12 of Patents Act 1970: Examination of Application

Section 12 (Examination of application) under Chapter IV (Publication and Examination of Applications) of the Patents Act, 1970 ⦂―

❝(1) When a request for examination has been made in respect of an application for a patent in the prescribed manner under sub-section (1) or sub-section (3) of section 11B, the application and specification and other documents related thereto shall be referred at the earliest by the Controller to an examiner for making a report to him in respect of the following matters, namely:—

  (a) whether the application and the specification and other documents relating thereto are in accordance with the requirements of this Act and of any rules made thereunder;
  (b) whether there is any lawful ground of objection to the grant of the patent under this Act in pursuance of the application;
  (c) the result of investigations made under section 13; and
  (d) any other matter which may be prescribed.

(2) The examiner to whom the application and the specification and other documents relating thereto are referred under sub-section (1) shall ordinarily make the report to the Controller within such period as may be prescribed.❞



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Notes:

The Patents Act, 1970 was amended by :
- the Patents (Amendment) Act, 1999 (No. 17 of 1999);
- the Patents (Amendment) Act, 2002 (No. 38 of 2002);
- the Patents (Amendment) Act, 2005 (No. 15 of 2005).

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