On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 08/04/2013.
26.
—(1) Subject to the provisions of this Act, the date of filing an application for a patent shall be taken to be the earliest date on which the documents filed at the Registry to initiate the application satisfy the following conditions:
(a)
the documents indicate that a patent is sought;
(b)
the documents identify the applicant for the patent; and
(c)
the documents contain —
(i)
something which is or appears to be a description of the invention for which the patent is sought; or
(ii)
where a declaration under section 17(2) is made in or in connection with the application —
(A)
a reference to an earlier relevant application specified in the declaration;
(B)
such information on the earlier relevant application as may be prescribed; and
(C)
a statement that the description of the invention for which the patent is sought is incorporated in the application by reference to, and is completely contained in, the earlier relevant application, as filed.
(2) For the purposes of subsection (1)(c)(i), it is immaterial whether —
(a)
the thing is in, or is accompanied by a translation into, a language accepted by the Registry in accordance with the rules; or
(b)
the thing otherwise complies with the other provisions of this Act and with any relevant rules.
(3) Where the Registrar determines that the documents filed at the Registry to initiate an application for a patent do not satisfy all of the conditions in subsection (1)(a), (b) and (c)(i) or (ii) —
(a)
the Registrar shall, as soon as practicable after the filing of those documents, notify the applicant of what else must be filed in order for the application to have a date of filing; and
(b)
the applicant shall, within such period as may be prescribed, do either or both of the following:
(i)
make observations on the Registrar’s determination;
(ii)
file every document which must be filed in order for the application to have a date of filing.
(4) Where subsection (3) applies, if the applicant fails to file every document which must be filed in order for the application to have a date of filing before the end of the period prescribed under subsection (3)(b), the application shall be treated as having been abandoned.
(5) Subsection (4) does not apply if —
(a)
the applicant makes observations as mentioned in subsection (3)(b)(i) before the end of the period prescribed under subsection (3)(b); and
(b)
as a result of the observations, the Registrar is satisfied that the documents filed at the Registry to initiate the application satisfy all of the conditions in subsection (1)(a), (b) and (c)(i) or (ii).
(6) Where the documents filed at the Registry to initiate an application for a patent satisfy all of the conditions in subsection (1)(a), (b) and (c)(i) or (ii), the Registrar shall, as soon as practicable after the filing of the last of those documents, notify the applicant of the date of filing of the application.
(7) Where an application for a patent has a date of filing under subsection (1) by reason only that the documents filed at the Registry to initiate the application satisfy the conditions in subsection (1)(a), (b) and (c)(ii), the applicant shall, within such period as may be prescribed, file at the Registry —
(a)
a written notice confirming that the description of the invention for which the patent is sought is incorporated in the application by reference to the earlier relevant application referred to in subsection (1)(c)(ii)(C);
(b)
the description of the invention for which the patent is sought; and
(c)
such other documents as may be prescribed.
(8) If an application for a patent has a date of filing by virtue of subsection (1), the applicant files at the Registry any missing part of the application within such period and in such manner as may be prescribed, and the applicant does not withdraw that missing part before the end of that period, then —
(a)
that missing part shall be treated as included in the application; and
(b)
the date of filing of the application shall be the date on which that missing part is filed at the Registry.
(9) Subsection (8)(b) does not apply if —
(a)
on or before the date which is the date of filing of the application for a patent by virtue of subsection (1), a declaration is made under section 17(2), in or in connection with the application, specifying an earlier relevant application; and
(b)
within such period as may be prescribed, the applicant —
(i)
makes a request to the Registrar for subsection (8)(b) not to apply to the application;
(ii)
files a statement that the missing part referred to in subsection (8) is incorporated in the application by reference to, and is completely contained in, the earlier relevant application, as filed;
(iii)
furnishes such information on the earlier relevant application as may be prescribed; and
(iv)
files such other documents as may be prescribed.
(10) Subsections (8) and (9) do not affect the power of the Registrar under section 107(1) to correct an error or a mistake.
(11) Where, after an application for a patent has been filed and before the conditions in section 30(2) and (3) are satisfied —
(a)
a new application is filed by the original applicant or his successor in title in accordance with the rules in respect of any part of the matter contained in the earlier application; and
(b)
the conditions in subsection (1)(a), (b) and (c)(i) or (ii) are satisfied in relation to the new application (without the new application contravening section 84),
the new application shall be treated as having, as its date of filing, the date of filing of the earlier application.
(12) Where an application has a date of filing by virtue of this section, the application shall be treated as having been abandoned unless —
(a)
the applicant files at the Registry, before the end of such period as may be prescribed, one or more claims for the purposes of the application;
(b)
the applicant pays the filing fee under section 25(1)(b) before the end of the period prescribed under section 25(2); and
(c)
where the application has a date of filing under subsection (1) by reason only that the documents filed at the Registry to initiate the application satisfy the conditions in subsection (1)(a), (b) and (c)(ii), the applicant files at the Registry the documents referred to in subsection (7)(a), (b) and (c) before the end of the period prescribed under subsection (7).
(13) In this section, “relevant application” has the same meaning as in section 17(5).