The Industrial Property Act, 2001
27
shall apply.
Unsearched or
unexamined
international
applications, etc.
50. (1) Where an international search report is not established or relates to
only one or some of the claims of the international application, the
Managing Director shall reject the international application or consider
withdrawn claim or claims not covered by the report, as the case may be,
except to the extent that the applicant satisfies him that the nonestablishment of the report in whole or in part was not justified.
(2) Where the international search report relates to only one or some of the
claims due to the applicant’s refusal to pay additional fees, those parts of the
international application which consequently have not been searched shall be
considered withdrawn unless the applicant divides out from the application
as provided for in section 36(2) the parts concerned or satisfies the
Managing Director that the invitation to pay the additional fees was not
justified.
(3) Where an international preliminary examination report with respect to an
international application has been communicated to the Managing Director
the following paragraphs shall apply:(a) where, in the case of lack of compliance with the requirements of unity
of inventions, the international preliminary examination report indicates that
the international preliminary examination was carried out on restricted
claims, or was carried out on the main invention only, those parts of the
international application indicated as not having been the subject of
international preliminary examination shall be considered withdrawn unless
the applicant divides out from the application as provided for in section 36
(2) the parts concerned or satisfies the Managing Director that the invitation
of the international preliminary examining authority was not justified; and
(b) where the international preliminary examination report states, with
respect to the entire international application or one or some of its claims
only, the opinion that a defect under Article 34(4)(a) of the Patent Co operation Treaty exists under the international application or the claim or
claims, as the case may be, shall be considered withdrawn unless the
applicant satisfies the Managing Director that the defects do not exist.
(4)The Managing Director may refuse to grant a patent upon the application
if it is apparent from an international search report or an international
preliminary examination report that an invention claimed in an international
application does not fulfil the requirements of novelty, unless the applicant
either satisfies him that the requirements have been fulfilled or amends the
claims in such a way that fulfils the requirements.
Provisional
protection of
published
international
applications
51. (1) Relief against infringement may be sought in respect of acts
committed before the grant of the patent but after the date of international
publication under the Patent Co-operation Treaty, where the said
international publication was effected in English.
(2) If the international publications was effected in a language other than