Request for examination
Section 11B of the Patents Act, 1970 deals with request for examination. 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* * * * * [(3) In case of an application in respect of a claim for a patent filed under sub-section (2) of s The Act came into force on 01 Apr 1978.
1[11B. Request for examination.--2[(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* * * * *
4[(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.]
(4) In case the applicant or any other interested person does not make a request for examination of the application for a patent within the period as specified under sub-section (1)5*** or sub-section (3), the application shall be treated as withdrawn by the applicant:
6[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.]
Section 11B, The Patents Act, 1970 (Act 39 of 1970).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The Respondent No.1 published a National Phase application in its official Journal. On or about 28th May 2012 Petitioner filed Form-18 with the Respondent No.1, being request for examination of patent application as per Section 11B of the Patents Act read with Rule 24C of the Patents Rules. On or about 5th January 2017 Petitioner received the impugned communication from Respondent No.1 rejecting the patent application in view of the directions of Respondent No.2 that the said patent application relates to the Atomic Energy. The Petitioner …
Made under this section, and citing it
4 instruments name this provision in its title or its text without being made under it.
Questions about Section 11B
What does Section 11B of the Patents Act deal with?
Section 11B of the Patents Act is headed "Request for examination". [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* * * * * [(3) In case of an application in respect of a claim for a pa
How do I find court cases under Section 11B of the Patents Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Patents Act 11B, section 11B Patents Act, section 11B of the Patents Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 11B of the Patents Act, and has it changed?
Its own text turns on section 5 ([Omitted.]), section 35 (Secrecy directions relating to inventions relevant for defence purposes), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. 4 instruments name it without being made under it, most recently Patents (2nd Amendment) Rules, 2020 (2020), then The Patents (Amendment) Rules, 2016 (2016).
When did Section 11B of the Patents Act come into force?
Section 11B of the Patents Act, cited as Patents Act 11B, came into force on 01 Apr 1978, having been enacted on 19 Sep 1970. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 19 Oct 2026. This page is not a substitute for legal advice.