Please inform if we have to pay any fee for withdrawal of an Indian patent application before publication under section 11A(3)(C).
As per the Manual, fee of Rs 4000/- to be paid for withdrawal of a patent application after publication i.e under section 11B(4).
Kindly confirm if we have to pay the same amount in this case (withdrawing the application before publication).
Regards,
Navya
Sy.patents (Freelance) 23 August 2011
The term withdrawn generally denotes an “express abandonment”. In the Indian Patent Act it has been used in both the ways as “express abandonment” or as failing to do something which results in withdrawal of the application. The withdrawal under Sec 11B(4)(i) can be both before publication as well as after publication, but before grant. I quote below:
“the applicant may, at any time after filing the application but before the grant of a patent, withdraw the application by making a request in the prescribed manner”
There is nothing that suggests that this withdrawal has to be only after publication. Under what conditions an application can be withdrawn? One such section is 11A(3)(c). If you are withdrawing your application under section 11A(3)(c), in my opinion, you will be required to pay the fee.
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