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26. Patent Cooperation Treaty (1) For the "elected purposes Office," "international of this section "international preliminary "designate," application," examination" and "designated Office," "international "receiving Office" "elect," filing have date," the same meanings as in the Patent Cooperation Treaty. (2) An international application designating Mauritius shall, subject to this section, be treated as an application for a patent filed under this Act having as its filing date the international filing date accorded under the Patent Cooperation Treaty. (3) The Controller shall, unless any agreement is in force under subsection (4), act as a receiving Office in respect of any international application filed with it by a resident or national of Mauritius. (4) The Controller may, with the consent of the Minister, make an agreement of the kind referred to in Rule 19.1 (b) of the Regulations made under the Patent Cooperation Treaty whereby an intergovernmental organization or the national industrial property office of another Contracting State of the Patent Cooperation Treaty shall act instead of the Controller as receiving Office for applicants who are residents or nationals of Mauritius. (5) The Controller shall act as a designated Office in respect of an international application in which Mauritius is designated for the purposes of obtaining a patent under this Act. (6) The Controller shall act as an elected Office in respect of an international application in which Mauritius is designated under subsection (5) if the applicant elects Mauritius for the purposes of international preliminary examination under Chapter II of the Patent Cooperation Treaty. (7) The Controller as designated Office or elected Office shall not commence processing of an international application designating Mauritius before the expiration of the time limit referred to in subsection (8) except if the applicant complies with the requirements of that subsection and files with the Controller an express request for early commencement of such processing. (8) The applicant shall, in respect of an international application designating Mauritius, before the expiration of the time limit applicable under Article 22 or 39 of the Patent Cooperation Treaty or of such later time limit as may be prescribed (a) pay the prescribed fee to the Controller; and (b) if the international application was not filed in English, and has not been published under the Patent Cooperation Treaty in English, file with the Controller a translation of the international application, containing the prescribed contents, into English. (9) Where the applicant does not comply with the requirements of subsection (8) within the time limit referred to in that subsection, the international application shall be considered withdrawn.

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