Patents Act, 1992
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Refusal or grant of patent. |
31.—(1) If it appears to the Controller that an application does not comply with a requirement of this Act or the rules made thereunder, (other than the requirements of sections 9 (1), 11 , 13 , 14 , 19 and 20 ) the Controller shall so inform the applicant and if the applicant, within the time specified by the Controller, fails to satisfy the Controller that the said requirement is complied with or to amend the application so as to comply therewith the Controller may, subject to section 90 , refuse the application. | |
(2) Nothing in subsection (1) shall preclude the Controller from refusing, or requiring amendment of, a patent application by reference to any requirement of a section mentioned in that subsection which may be specified in rules. | ||
(3) A patent shall not be granted by the Controller until he has requested the applicant to pay the prescribed fee for the grant of a patent and the applicant has paid the said fee within the prescribed time. If the said fee is not so paid, the application shall be deemed to be withdrawn. | ||
(4) The grant of a patent shall be notified to the applicant in the prescribed form. | ||
(5) Where two or more patent applications for the same invention having the same date of filing or the same date of priority are filed by the same applicant or his successor in title, the Controller may on that ground refuse to grant a patent in respect of more than one of the applications. |