(a) Request for substantive Examination<
A patent application will be taken up for examination only if a request for examination is made either by the applicant or by any interested party within 5 years (3 years for a utility model) from the filing date of the application. If no request for examination is made within this five-year period, the patent application is deemed to have been withdrawn.
(b) Requirement for Registration
For a patent to be registered under the Patent Law, it should meet the following requirements:
i) It should fall under the definition of invention under the Patent Act, ii) It should have Novelty, Industrial Applicability, and Inventive Step, and iii) It should not fall into any of the categories of unregistrable patent prescribed in Article 38 of Patent Act.