In Chapter IV of the principal Act,-(a)for the Chapter heading" EXAMINATION OF APPLICATIONS", the following Chapter heading shall be substituted, namely:-" PUBLICATION AND EXAMINATION OF APPLICATIONS";(b)before section 12, the following sections shall be inserted, namely:-" 11A. Publication of applications.- (1) Applications for patents shall not be open to the public for a period of eighteen months from the date of filing or date of priority, whichever is earlier.(2) Except when a secrecy direction is given under section 35, every application for a patent shall, on the expiry of the period as specified in sub- section (1), be published.(3)The publication of every application for a patent shall be notified in the Official Gazette.(4)In case a secrecy direction has been given in respect of an application under section 35, then, it shall be published after the expiry of the period of eighteen months or when the secrecy direction has ceased to operate, whichever is later.(5)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.(6)Upon publication of an application for a patent under this section-(a) the depository institution shall make the biological material mentioned in the specification available to the public;(b)the patent office may, on payment of such fee as may be prescribed, make the specification and drawings, if any, of such application available to the public.
