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Reference for Examination

Reference for Examination :

1. Once a request for examination is received, and the application is published under Section 11A, the application is taken up for Examination in the chronological order of filing of request for examination.

2. The patent application is referred to an Examiner by the Controller for conducting the formal as well as substantive examination as per the subject matter of the invention vis-à-vis the area of specialization of the Examiner. At present, the Patent Office has four examination groups based on the broad area of specialization viz.:

(a) Chemistry and allied subjects.

(b) Biotechnology, Microbiology and allied subjects.

(c) Electrical, Electronics & related subject

(d) Mechanical and other subjects.

The reference to the Examiner is made ordinarily within one month from the date of publication or one month from the date of request for examination, whichever is later, and is made in order in which the request is filed.

3. When an application is referred by the Controller, the Examiner makes a report on the patentabilility as well as other matters ordinarily within one month but not exceeding three months from the date of such reference. [ Section 11A, & 12.Rule 24B (2)(i)]

 

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