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Section 18: Filing date

Patents, Industrial Designs And Trademarks Act · PART III: PATENTS

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

18. Filing date (1) The Controller shall accord as the filing date, the date of receipt of the application, provided that, at the time of receipt, the application contains— (a) an express or implicit indication that the granting of a patent is sought; (b) indications allowing the identity of the applicant to be established; (c) a part which, on the face of it, appears to be a description of an invention. (2) Where the Controller finds that the application did not, at the time of receipt, fulfil the requirements referred to in subsection (1), he shall invite the applicant to file the required correction and shall accord as the filing date, the date of receipt of the required correction. (3) Where no correction is made, the application shall be treated as if it has not been filed. (4) Where the application refers to drawings which are not included in the application, the Controller may request the applicant to furnish the missing drawings. (5) Where the applicant complies with a request under subsection (4), the Controller shall accord as the filing date, the date of receipt of the missing drawings. (6) Where the applicant fails to comply with a request under subsection (4), the Controller shall accord as the filing date, the date of receipt of the application and shall treat any reference to the said drawings as non-existent.

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