Section 21 Patents Act 1970 prescribes a TIME LIMIT for completion of complete application after PROVISIONAL specification. The applicant must file:
Acomplete specification within 6 months from filing of provisional (cf. Patents Act 1970, Section 9)
Bcomplete specification within 12 months from filing of provisional, or application is deemed abandoned
Ccomplete specification at any time within 5 years (cf. Patents Act 1970, Section 9)
Dcomplete specification only on Controller's notice (cf. Patents Act 1970, Section 9)
Answer & Solution
Correct answer: B. complete specification within 12 months from filing of provisional, or application is deemed abandoned
1. Section 9 Patents Act 1970: 'Where an application for a patent (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a provisional specification, a COMPLETE SPECIFICATION shall be filed within twelve months from the date of filing of the application, and if the complete specification is not so filed, the application shall be deemed to be abandoned.'
2. Sub-section (2): timing for filing of post-dated/ante-dated complete specifications.
3. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 — Patents Act 1970, Section 9_
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