Section 11A prescribes the provisions regarding publication of applications – The applicant may, in the prescribed manner, request the Controller to publish his application at any time before the expiry of the period prescribed under sub-section (1) and subject to the provisions of subsection (3), the Controller shall publish such application as soon as possible.
Every application for a patent shall, on the expiry of the period specified under sub-section (1), be published, except in cases where the application-
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(a) In which secrecy direction is imposed under section 35; or
(b) Has been abandoned under sub-section (1) of section 9; or
(c) Has been withdrawn three months prior to the period specified under sub-section (1).”
The publication of every application under this section shall include the particulars of the date of application, number of application, name and address of the applicant identifying the application and an abstract:
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Provided that the applicant shall not be entitled to institute any proceedings for infringement until the patent has been granted.
On and from the date of publication of the application for patent and until the date of grant of a patent in respect of such application, the applicant shall have the like privileges and rights as if a patent for the invention had been granted on the date of publication of the application:
Provided that the applicant shall not be entitled to institute any proceedings for infringement until the patent has been granted:
Provided further that the rights of a patentee in respect of applications made under sub-section (2) of section 5 before the 1st day of January, 2005 shall accrue from the date of grant of the patent:
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Provided also that after a patent is granted in respect of applications made under sub-section (2) of section 5, the patent-holder shall only be entitled to receive reasonable royalty from such enterprises which have made significant investment and were producing and marketing the concerned product prior to the 1st day of January, 2005 and which continue to manufacture the product covered by the patent on the date of grant of the patent and no infringement proceedings shall be instituted against such enterprises.”
No application for a patent shall be examined unless the applicant or any other interested persons makes a request in the prescribed manner for such examination within the prescribed period.
In case of an application in respect of a claim for a patent filed under sub-section (2) of section 5 before the 1st day of January, 2005 a request for its examination shall be made in the prescribed manner and within the prescribed period by the applicant or any other interested person.