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under Article 19, then the amended claims together with
any statement filed under
the said Article;
(vi) in case the applicant has elected India and any amendments to the description,
the claims and text matter of the drawings that are annexed to the international
preliminary examination report.
(6) If the applicant fails to file a translation of the amended claims and annexures referred
to in sub-rule (5), even after invitation from the appropriate office to do so, within a time
limit as may be fixed by that office having regard to the time left for meeting the
requirements, the amended claims and annexures shall be disregarded in the course of
further processing the application by the appropriate office.
(7) The applicant in respect of an international application designating India shall
when
complying with sub-rule (3), preferably use Forms set out in the Second Schedule before the
appropriate office as designated office.
21. Filing of priority document.—(1) Where the applicant in
respect of an international
application designating India has not complied with the requirements of paragraph (a) or
paragraph (b) of rule 17.1 of the regulations under the Treaty, the applicant shall file with
the patent office the priority document referred to in that rule before the expiration of the
time limit referred to in sub-rule (4) of rule 20.
(2)Where priority document referred to in sub-rule (1) is not in the English language, an
English translation thereof duly verified by the applicant or the person duly authorised by
him shall be filed within the time limit specified in sub-rule (4) of rule 20.
(3)Where the applicant does not comply with the requirements of sub-rule (1)
or sub-rule
(2), the appropriate office shall invite the applicant to file the priority document or the
translation thereof, as the case may be, within three months from the date of such
invitation, and if the applicant fails to do so, the claim of the applicant for the priority shall
be disregarded for the purposes of the Act.
22. Effect of non-compliance with certain requirements.— An international application
designating India shall be deemed to be withdrawn if the applicant does not
comply with
the requirements of rule 20.
23. The requirements under this Chapter to be supplemental of the regulations, etc.,
under the Treaty.—(1) The provisions of this Chapter shall be supplemental to the PCT and
the regulation and the administrative instructions made thereunder.
(2) In case of a conflict between any provisions of the rules contained in this Chapter and
provisions of the Treaty and the regulations and the administrative instructions made
thereunder, the provisions of the Treat and the regulations and administrative instructions
made thereunder shall apply in relation to international applications.
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CHAPTER IV
PUBLICATION AND EXAMINATION OF
APPLICATIONS
24. Publication of application.—The period for which an application for patent shall not
ordinarily be open to public under sub-section (1) of section 11A shall be eighteen
months
from the date of filing of application or the date of priority of the application, whichever is
earlier.
Provided that the period within which the Controller shall publish the application in
the journal shall ordinarily be one month from the date of expiry of said period, or one
month from the date of request for publication under rule 24A.
24A. Request for publication.—A request for publication
under sub-section
(2) of section 11A shall be made in Form 9.
24B. Examination of application.—(1) (i) A request for examination under section 11B shall
be made in Form 18 within forty-eight months from the date of priority of the application or
from the date of filing of the application, whichever is earlier;
(ii)The period within which the request for examination under sub-section (3) of
section 11B to be made shall be forty-eight months from the date of
priority if
applicable, or forty-eight months from the date of filing of the application;
(iii)The request for examination under sub-section (4) of section 11B shall be
made
within forty-eight months from the date of priority or from the date of filing of the
application, or within six months from the date of revocation of the secrecy
direction, whichever is later;
(iv) The request for examination of application
as filed according
to the
'Explanation' under sub-section (3) of section 16 shall be made within
forty-eight months from the date of filing of the application or from the date of
priority of the first mentioned application or within six months from the date of
filing of the further application, whichever is later;
(v)The period for making request for examination under section 11B, of the
applications filed before the 1st day of January, 2005 shall
be the period specified
under the section 11B before the commencement of the Patents (Amendment) Act,
2005 or the period specified under these rules, whichever expires later.
(2) (i) Where the request for examination has been filed under sub-rule (1) and
application has been published under section 11A, the Controller shall refer the
application, specification and other documents related thereto to the examiner and
such reference shall be made in the order in which the request is filed: