12. Examination of application
When a request for examination has been made in respect of an application for a patent in the prescribed manner [under sub-section (1) or sub-section (3) of section 11B, the application and specification and other documents related thereto shall be referred at the earliest by the Controller] to an examiner for making a report to him in respect of the following matters, namely:—
whether the application and the [specification and other documents relating thereto] are in accordance with the requirements of this Act and of any rules made thereunder;
whether there is any lawful ground of objection to the grant of the patent under this Act in pursuance of the application;
the result of investigations made under section 13; and
any other matter which may be prescribed.
The examiner to whom the application and the [specification and other documents relating thereto] are referred under sub-section (1) shall ordinarily make the report to the Controller within [such period as may be prescribed].
Amendment notes (4)
- Subs w.e.f. 20-5-2003 . Subs. by Act 38 of 2002, s. 10, for certain words (w.e.f. 20-5-2003).
- Subs w.e.f. 1-1-2005 . Subs. by Act 15 of 2005, s. 12, for certain words, brackets, figures and letter (w.e.f. 1-1-2005).
- Subs w.e.f. 20-5-2003 . Subs. by Act 38 of 2002, s. 10, for "specification relating thereto" (w.e.f. 20-5-2003).
- Subs w.e.f. 1-1-2005 . Subs. by Act 15 of 2005, s. 12, for "a period of eighteen months from the date of such reference" (w.e.f. 1-1-2005).