Section 27: Grant and sealing of Patent

27. Grant and sealing of Patent.—(1) Subject to the provisions of this Ordinance with respect to opposition and to any power of the Controller to refuse the grant, a patent sealed with the seal of the Patent Office shall, if the request is made within the time allowed under this section, be granted to the applicant or applicants within that time or as soon as may be thereafter, and the date on which the patent is sealed shall be entered in the Register. (2) Subject to the provisions of this Ordinance with respect to patents of addition, a request under this section for the sealing of a patent shall be made not later than the expiration of six months from the date of the publication of the complete specification: Provided that— (a) where at the expiration of the said six months any proceedings in relation to the application for the patent is pending in any court or before the Controller, the request may be made within three months after the final determination of that proceedings; and (b) where the applicant or one of the applicants has died before the expiration of the time within which under the provisions of this sub­section the request could otherwise be made, the said request may be made at any time within twelve months after the date of the death or at such later time as the Controller may allow. Explanation.—Any proceedings shall be deemed to be pending so long as the time for any appeal therein has not expired, and any proceedings shall be deemed to be finally determined when the time for any appeal therein has expired without the appeal being brought. (3) The period for making the request under sub­section (2) for the sealing of a patent may be extended by the Controller by six months if the application is made and the prescribed fee paid within the extended period.

Effective date: 2000-01-01

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