Delhi High Court on ISR: Essential but Non-binding

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 In case, the Applicant does not file a Request for Examination, the application will be treated as withdrawn under Section 11(B) of the Indian Patent Act, 1970.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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