Section 11A of The Patents Act, 1970, PA : Section 11A: Publication Of Applications

Explanation using Example

Let's consider a hypothetical scenario to understand the application of Section 11A of The Patents Act, 1970. Mr. Smith, an inventor, applies for a patent for his unique invention, a new kind of water purifier. According to sub-section (1), his patent application is not immediately opened to the public for a prescribed period.

However, Mr. Smith wants his application to be published before the expiry of the prescribed period. As per sub-section (2), he can request the Controller to publish his application earlier. The Controller, following the provisions of sub-section (3), publishes the application.

Now, if Mr. Smith's invention had any secrecy direction under section 35 or if he had abandoned or withdrawn his application, then as per sub-section (3), the application would not be published. But in this case, none of these conditions apply.

Upon publication, as per sub-section (5), the particulars of the application like date, number, applicant's name and address, and an abstract are included. Also, any biological material mentioned in the specification is made available to the public by the depository institution, and the patent office may make the specification and drawings available to the public for a fee, as per sub-section (6).

From the date of publication until the patent grant, Mr. Smith has similar privileges and rights as if a patent had been granted, according to sub-section (7). However, he cannot initiate any infringement proceedings until the patent is actually granted.