India:
Delhi High Court On ISR: Essential But Non-Binding
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India Patent Examination works on the concept of the deferred
examination system. In deferred Examination system, it is mandatory
for an applicant to file a request for Examination or that
application will not be examined. An applicant needs to file a
Request for Examination within 48 months from the date of the first
filing of the patent Application. In case, the Applicant does not
file a Request for Examination, the application will be treated as
withdrawn under Section 11(B) of the Indian Patent Act, 1970. It is
well known that the Application whose examination request filed
earlier will be examined earlier by the Indian Patent office. As
per Section 12 of the Indian Patent Act, the controller refers the
application to the Examiner at the earliest as soon as a request
for Examination is filed by an Applicant.
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