SEc. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

patent application open to the public with the overall objective of providing progressive

reduction in the processing time of applications in Patent Offices so as to achieve international

standards. Sub-clause (b) seeks to amend sub-section (4) so as to provide flexibility in the

time period for making the patent application open to public after secrecy direction ceases to

operate. Sub-clause (c) seeks to provide a new sub-section (7) relating to provisional rights

to the applicant on the publication of his application as per international practice. However,

the applicant shall not be entitled to institute any proceedings for infringement until the

patent has been granted. It further seeks to provide that rights of patent in respect of

applications made under sub-section (2) of section 5 shall be available only from date of grant

of patent.

Clause 11.—This clause seeks to amend section 11B of the Act, which relates to

request for examination of patent applications. Sub-clause (a) seeks to substitute sub-

section (1), which deals with filing of request for examination within 48 months from the date

of filing of applications for patent. It is proposed to enable the Central Government to lay

down appropriate time frame in the rules so as to streamline the process and also for bringing

progressive reduction in the processing time of applications. Sub-clause (b) seeks to omit

sub-section (2) which deals with the time period for making request for examination within

twelve months from the date of commencement of the Patents (Amendment) Act, 2002. As

necessary rules could be made under sub-section (1), this sub-section has become redundant.

Sub-clause (c) seeks to substitute sub-section (3) which deals with filing of request in respect

of applications filed under sub-section (2) of section 5 so as to provide flexibility in making

request for examii -tion of those applications. Sub-clause (d) seeks to amend sub-section (4)

by omitting the reference of sub-section (2), which is consequential in nature. This clause

also seeks to substitute the proviso to sub-section (4) so as to provide the facility of

withdrawing of application in which the applicant is not interested and also provides flexibility

in making request for examination in case the secrecy direction issued under section 35 of the

Act has been revoked.

Clause 12.—This clause seeks to amend section 12 of the Act, which deals with

examination of application. Sub-clause (a) seeks to amend sub-section (1) so as to enable the

Controller to refer application, specification and other documents to an examiner "at the

earliest" with the overall objective of providing progressive reduction in the processing time

of applications in Patent Office thereby achieving international standards. Sub-clause (b)

seeks to amend sub-section (2) by substituting the words "a period of eighteen months from

the date of such reference" with the words "such period as may be prescribed" in order to

reduce the processing time for grant of patent by appropriately laying down the same by

rules.

Clause 13.—This clause seeks to amend section 13 of the Act, which deals with search

for anticipation by previous publication and by prior claim. It seeks to substitute the words

"it has been accepted" with the words "the grant of a patent" in view of removal of provisions

relating to acceptance of patent applications.

Clause 14.—This clause seeks to substitute sections 14 and 15 of the Act, which relate

to consideration of report of examiner by Controller and power of the Controller to refuse or

require amendments in the application in certain cases, respectively. This clause provides

clarity in section 14 by including the reference of "other documents" as well as communication

of objections to applicant expeditiously as far as possible in order to expedite the grant of

patent. This clause also seeks to substitute section 15 of the Act to empower the Controller

to require the applicant to amend the application, specification or other documents to his

satisfaction before proceeding with the application in case he is satisfied that the application,

specification or other documents do not comply with the provisions of the Act or the rules

made thereunder and in case the applicant fails to meet such requirements, he could refuse

the application.

Clause 15.—This clause seeks to amend section 16 of the Act, which relates to the

power of Controller to make orders respecting division of application. Sub-clause (a) seeks