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.
28.
—(1) The Registrar shall conduct a preliminary examination of an application for a patent if —
(a)
the application has a date of filing;
(b)
the application has not been withdrawn or treated as abandoned;
(c)
the filing fee under section 25(1)(b) has been paid;
(d)
one or more claims for the purposes of the application have been filed under section 26(12)(a); and
(e)
where the application has a date of filing under section 26(1) by reason only that the documents filed at the Registry to initiate the application satisfy the conditions in section 26(1)(a), (b) and (c)(ii), the documents referred to in section 26(7)(a), (b) and (c) have been filed at the Registry.
(2) If, after the Registrar has conducted a preliminary examination of an application for a patent under subsection (1), the applicant files at the Registry, and does not withdraw, any missing part of the application in accordance with section 26(8), then the Registrar shall conduct another preliminary examination of the application, with the missing part treated as included in the application.
(3) On a preliminary examination of an application, the Registrar shall determine —
(a)
whether the application complies with all the formal requirements; and
(b)
whether —
(i)
any drawing referred to in the application; or
(ii)
any part of the description of the invention for which the patent is sought,
is missing from the application.
(4) If the Registrar determines under subsection (3)(a) that not all the formal requirements have been complied with, then the Registrar shall notify the applicant accordingly and shall specify in the notification a period during which the applicant shall have the opportunity —
(a)
to make observations on the Registrar’s determination; and
(b)
subject to section 84, to amend the application so as to comply with all the formal requirements.
(5) Where subsection (4) applies, the Registrar may refuse the application if the applicant fails to amend the application as mentioned in paragraph (b) of that subsection before the end of the period specified by the Registrar under that subsection.
(6) Subsection (5) does not apply if —
(a)
the applicant makes observations as mentioned in subsection (4)(a) before the end of the period specified by the Registrar under subsection (4); and
(b)
as a result of the observations, the Registrar is satisfied that all the formal requirements have been complied with.
(7) If the Registrar determines under subsection (3)(b) that a drawing or part of the description of the invention is missing from the application, then the Registrar shall notify the applicant accordingly.
(8) Where subsection (7) applies, if the applicant files the drawing or part of the description of the invention that is missing from the application within such period and in such manner as may be prescribed, and the applicant does not withdraw that drawing or part of the description of the invention before the end of that period, then —
(a)
that drawing or part of the description of the invention shall be treated as included in the application; and
(b)
the date of filing of the application shall be the date on which that drawing or part of the description of the invention 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 by virtue of section 26(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 drawing or part of the description of the invention 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) In subsection (9), “relevant application” has the same meaning as in section 17(5).