(1)No application for a patent shall be required to be examined unless the applicant or any other interested person makes a request in the prescribed manner for such examination within forty- eight months from the date of fi ing of the application for patent.(2)In case of an application filed before the commencement of the Patents (Amendment) Act, 2002 , a request in the prescribed manner for examination shall be made by the applicant or any other interested person within a period of twelve months from the d te of such commencement or within forty- eight months from the date of the application, whichever is later.(3)In case of an application in respect of a claim for a patent covered under sub- section (2) of section 5, a request in the prescribed manner for examination shall be made by the applicant or any other interested person within a period of twelve months from the 31st day of December, 2004 or within forty- eight months from the date of the application, whichever is later.(4)In case the applicant or any other interested person does not make a request for examination of the application for a patent within the period as specified under sub- section (1) or sub- section (2) or sub- section (3), the application shall be treate as withdrawn by the applicant: Provided that-(i) the applicant may, at any time after the filing of the application but before the grant of the patent, withdraw the application made by him; and(ii)in a case where a secrecy direction has been issued under section 35, the request for examination may be made within forty- eight months from the date of revocation of the secrecy direction.".
