Section 11B explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
A patent application is not examined automatically. Under section 11B, nothing happens until the applicant, or any other interested person, makes a request for examination within the prescribed period. If no request is made in time, the application is treated as withdrawn. An applicant can also withdraw at any time before grant. Missing this step is one of the quickest ways to lose an application, so a docketed patent examination request belongs on every filing calendar.
No application is examined unless a request is made in the prescribed manner within the prescribed period by the applicant or any other interested person (11B(1)). If no request is made in time, the application shall be treated as withdrawn by the applicant (11B(4)). The applicant may withdraw at any time before grant by request in the prescribed manner. Where a secrecy direction was issued, the request can be made within the prescribed period from the date of revocation of the direction.
Section 11B(1): no examination without a request
"No application for a patent shall be examined unless the applicant or any other interested person makes a request in the prescribed manner for such examination within the prescribed period."
Four features stand out:
- Examination is by request. The Controller does not examine on his own motion. Examination is the step in section 12, covered in our article on section 12.
- Who can request. "the applicant or any other interested person". So a person other than the applicant can ask for examination. The Act does not define "any other interested person" in this section; section 2(1)(t) says "person interested" includes a person engaged in, or promoting, research in the same field. Whether the two phrases mean the same is not stated in the text.
- Prescribed manner. The manner includes payment of the prescribed fee (section 2(1)(v)). The form and fee are in the Patents Rules, 2003.
- Prescribed period. The Act does not give the number of months. The Rules fix it, and we state none.
Sub-section (1) was substituted by the 2005 Amendment Act, with effect from 1-1-2005. Sub-section (2) was omitted by the same Act, so the printed numbering jumps from (1) to (3).
Section 11B(3): applications under the earlier section 5(2)
"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."
This is a transitional provision for applications filed under section 5(2) before 1 January 2005. Section 5 is omitted, so the provision matters only for that group. It also provides for a request by the applicant "or any other interested person".
Section 11B(4): the consequence of not asking
"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 (3), the application shall be treated as withdrawn by the applicant:"
The words "or sub-section (2)" were removed in 2005. What remains is simple: if no one requests examination within the period, the application "shall be treated as withdrawn by the applicant". Nothing further needs to be done by the Controller. The Act, in this sub-section, does not give a route to revive such an application; whether any other provision, for example section 81 on extension of time, can assist is a separate question that we deal with in a later article.
The proviso: withdrawal and secrecy
"Provided that— (i) 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; and (ii) in a case where secrecy direction has been issued under section 35, the request for examination may be made within the prescribed period from the date of revocation of the secrecy direction."
The proviso was substituted by the 2005 Act. It does two things:
- Voluntary withdrawal. An applicant can withdraw at any time after filing and before grant, by a request in the prescribed manner. This is different from the deemed withdrawal in sub-section (4), which follows from inaction. A withdrawal request made more than three months before the publication period ends keeps the application out of publication (section 11A(3)(c)); see our article on section 11A.
- Secrecy cases. Where a secrecy direction has been issued under section 35, the period for requesting examination runs from the date the direction is revoked, not from the filing. See our article on secrecy directions under sections 35 and 36.
Who does what
| Step | Who acts | Text |
|---|---|---|
| Make request for examination | Applicant or any other interested person | 11B(1) |
| Pay the prescribed fee and use the prescribed manner | The requester | 11B(1); section 2(1)(v) |
| Do nothing within the period | Result: treated as withdrawn by the applicant | 11B(4) |
| Withdraw voluntarily | Applicant, before grant | Proviso (i) |
| Request after secrecy is revoked | Applicant or other interested person, within the prescribed period from revocation | Proviso (ii) |
Worked example
Example. Meridian Biofuels Pvt Ltd (fictional) files an application for an enzyme-based pre-treatment of crop residue. The company is busy with a funding round and does not file a request for examination within the period the Rules prescribe. Under section 11B(4), the application is treated as withdrawn by the applicant. Had a research institute in the same field been interested in seeing the application examined, it could, on the text of section 11B(1), have made the request itself as an "interested person". In a second scenario, the company decides in month 14 that the invention is not worth pursuing and makes a withdrawal request in the prescribed manner under proviso (i), before grant. Whether that second request is made early enough to prevent publication depends on the three-month test in section 11A(3)(c).
What section 11B does not say
- It does not state the number of months for the request, the fee or the form.
- It does not define "interested person" for this section.
- It does not say whether a deemed withdrawal can be reversed.
- It does not say whether a request made by a third party gives that person any right in the proceedings.
- It does not say anything about expedited examination; for practical routes in that area, see our post on expedited examination for startups, MSMEs and female applicants.
Practical steps
- Put the deadline in the docket on the day of filing. The period is prescribed in the Rules; check it there.
- Decide who will make the request. The applicant is the obvious person, but the Act also allows any other interested person.
- Keep the fee and manner right. "Prescribed manner" includes the fee.
- Consider the secrecy angle. If section 35 applies, the clock differs.
- If you no longer want the patent, withdraw by request rather than waiting for deemed withdrawal, so that the position is on record. Our guide to the examination process, request, FER and hearing places this step in the sequence.
Need help with ...?
A missed request for examination ends an application quietly. Our team can help you diarise the date, prepare the request and follow the case through to the examination report under patent examination request support.
Key takeaways
- An application is examined only if the applicant or any other interested person requests it, in the prescribed manner and within the prescribed period.
- No request in time means the application is treated as withdrawn by the applicant.
- The applicant may withdraw at any time before grant by request in the prescribed manner.
- If a secrecy direction under section 35 was issued, the request can be made within the prescribed period from its revocation.
Read next
- Section 12: examination of application
- Section 11A: publication of applications
- Section 13: search for anticipation
- Patent examination process: request, FER and hearing
Disclaimer: Based on the Patents Act, 1970 as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and time limits under the Patents Rules, 2003 change from time to time and are not covered here. This article is general information, not legal advice; check the official text before acting.