Rule 22 – Effect of non-compliance with certain requirements
If the regulations as per rule 20 are not complied with, the application shall be considered to be withdrawn.
This section discusses the rules over publication and examination of Indian patent applications.
If the regulations as per rule 20 are not complied with, the application shall be considered to be withdrawn.
All patent applications shall be made open for the public only after 18 months within one month from then. (Publication in the Official Journal of the Patent Office)
Early publication request shall be made by Form 9 as per section 11A (2).
Request for Examination under section 11B shall be made in Form 18 within 48 months from date of filing. If priority date is applicable in any manner through provisional filing or other means, then the 48 months shall be counted from the date of priority. If Secrecy Directions were imposed on a patent application; request…
Expedited examination shall be filed using Form 18A within the time only if, India has been indicated as the Competent International Searching Authority or elected as International Preliminary Examining Authority for the application. the applicant is a startup. An ordinary request for examination filed earlier shall be converted into an expedited examination request upon payment…
Applications published under Section 11A(2&5) shall be identified by the letter “A” along with the application number.
Should be made in Form 29.
After publication of an application, any person interested may inspect and obtain copies of the documents of the patent application such as the complete specification (along with provisional specification also), claims, drawings etc., upon payment of the respective fees in the appropriate office.
If the Controller is convinced that any claim in a Complete specification has been published in any other documents or specifications before filing of the patent application for the invention, the Controller shall communicate the same with objections to the applicant and allow the applicant a chance to amend the specification, If the applicant contests…
Any objection of the Controller contested or protested by the applicant shall be handled in the same manner as in Rule 28.