17.
(3)
The effect of the said declaration shall be as provided in the Paris Convention.
(4)
Where the Controller finds that the requirements under this section have not been
fulfilled, the said declaration shall be considered not to have been made.
Information concerning corresponding foreign applications and patents
(1)
An applicant shall, where requested to do so by the Controller, furnish him with
the date and number of any application for a patent filed by him abroad relating to
the same or essentially the same invention as that claimed in the application filed
with the Controller.
(2)
An applicant shall, where requested to do so by the Controller, furnish him with
the following documents relating to one of the foreign applications referred to in
subsection (1)(a)
a copy of any communication received by the applicant concerning the results
of any search and examination carried out in respect of the foreign
application;
a copy of the patent granted on the basis of the foreign application;
a copy of any final decision rejecting the foreign application or refusing
(b)
(c)
the grant requested in the foreign application.
(3)
An applicant shall, where requested to do so by the Controller, furnish him with a
copy of any final decision invalidating the patent granted on the basis of the
foreign application referred to in subsection (2).
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 -
(2)
(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.
Where the Controller finds that the application did not, at the time of receipt,
fulfill
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.