The Industrial Property Act, 2001
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(5) The documents furnished under this section shall merely serve the
purpose facilitating the evaluation of novelty claimed in the application filed
with the Managing Director or in the patent granted on the basis of that
application.
(6) The applicant shall have the right to submit comments on the documents
furnished under this section.
(7) The details of the requirements under this section shall be prescribed by
the regulations.
Payment of fees
39. (1) The application shall be subject to the payment of the prescribed
fees.
(2) the Board may waive whole or part of the fees in the manner and in the
circumstances as may be prescribed.
Withdrawal of
application
40.The applicant may withdraw the application at any time before the grant
of a patent or the notification of rejection of the application or of refusal to
grant a patent.
Filing date and
examination of
application as to
form, etc.
41. (1) The Managing Director shall accord as the filing date the date of
receipt of the application, provided at the time of receipt, the documents
filed contained: (a) the name of the applicant;
(b) a part which on the face of it appears to be a description; and
(c) a part which on the face of it appears to be a claim or claims.
(2)If the Managing Director finds that the application did not, at the time of
receipt, fulfil the prescribed requirements, he shall invite the applicant to file
the required correction.
(3) If, the applicant complies with the invitation referred to in subsection (2),
the Managing Director shall accord as filing date the date of receipt of the
required correction, otherwise he shall treat the application as if it had not
been filed.
(4) Where the application refers to drawings which are not included in the
application, the Managing Director shall invite the applicant to furnish the
missing drawings, and, if the applicant complies with the invitation, the
Managing Director shall accord as the filing date the date of receipt of the
missing drawings, otherwise he shall accord as the filing date the date of
receipt of the application and shall treat any reference to the drawings as
non-existent.
(5) Where no invitation under subsections (2) and (4) was sent to the
applicant and the applicant nevertheless files a correction, pertaining to any
of the requirements under subsection (1), to his application, the Managing