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2012
(2) The applicant shall, at the request of the Registrar,
furnish the Registrar with the following documents relating to one or
more of the foreign applications referred to in subsection (1) (a) � a copy of any communication received by
the applicant concerning the result of any
search or examination carried out in respect
of the foreign application;
(b) � a copy of the patent granted on the basis of
the foreign application; and
(c) � a copy of any final decision rejecting the
foreign application or refusing the grant in
the foreign application.
(3) The applicant shall, at the request of the Registrar,
furnish the Registrar with a copy of any final decision invalidating
the patent granted on the basis of the foreign application referred to
in subsection (2).
(4) The applicant shall have the right to submit comments
on the documents furnished under this section.
(5) For the purposes of this section "foreign application"
means any application filed by the applicant abroad which relates to
the same or essentially the same invention as that claimed in the
application filed with the Registrar.
Filing date.
18. (1) The Registrar shall accord as the filing date, the date of
receipt of the application, if at the time of receipt, the application
contains (a) � an express or implicit indication that the
granting of a patent is sought;
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Patents and Industrial Designs Act
2012
(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 Registrar finds that the application did not,
at the time of receipt, fulfill the requirements referred to in subsection
(1), the Registrar shall invite the applicant to file the required correction
and shall accord as the filing date the date of receipt of the required
correction, but if no correction is made, the application shall be
regarded as void.
(3) Where the application refers to drawings which are not
included in the application, the Registrar shall invite the applicant to
furnish the missing drawings; and if the applicant complies with the
said invitation, the Registrar shall accord as the filing date, the date
of receipt of the missing drawings, otherwise the Registrar shall accord
as the filing date the date of receipt of the application and shall treat
any references to the drawings as non-existent.
(4) Where the request is accompanied by a statement on
the rights to the patent, the Registrar shall send a copy of the statement
to the inventor and the inventor shall have the right to inspect the
application and to receive at his own expense, a copy thereof.
(5) After according a filing date, the Registrar shall examine
whether there are any of the following defects with respect to the
application:(a) � the application does not comply with the
requirements of subsections (1) and (3) of
section 10;
(b) � the applicant has not complied with a request
of the Registrar under section 16; or
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