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13.—(1) The Office shall establish as the filing date the date on which the application
is received on condition that the filing fee has been paid at the time of receipt and that the
application:
(a) is drawn up in accordance with the prescribed form and contains the elements
referred to in Article 11 of this Decree;
(b) is written in Malagasy or in the French language;
(c) comprises at least one copy of the description, of the claim or claims and of any
drawings to which the description or the claims refer.
(2) Where the conditions set at paragraph (1) of this Article are met, the Office shall
give a filing number and enter the date, time and place of filing on a copy of the application to
be returned to the applicant. Such copy shall be accompanied by a receipt evidencing
payment of the fees and bearing the authenticating stamp of the Office;
(3) Where the Office requires a translation of an application filed in Malagasy into the
French language or of an application filed in French into the Malagasy language, the applicant
shall continue to enjoy the filing date referred to in paragraph (2), above, if the translation is
submitted to the Office within a period of two months as from the date of the request. If that
time limit is not complied with, the effective filing date shall be that on which the translation
is received.
(4) Notwithstanding paragraph (3), above, and subject to the provisions set out in
Article 22 of the Ordinance, where the conditions laid down in paragraph (1) of this Article
are not met, the Office shall invite the applicant to regularize his application within a period
of two months in the case of applications made on the national territory and of four months in
the case of applications originally made abroad, as from notification, with a view to allocating
a filing date.
(5) If the time limits referred to in paragraph (4), above, are satisfied by the applicant,
the filing date shall be the date on which the application has been effectively regularized.
(6) If the applicant has not complied with the invitation by the Office within the time
limits referred to in paragraph (4), above, the application shall be declared inadmissible.
(7) Notwithstanding paragraph (3), above, where the application refers to drawings and
such drawings are not included in the application, the Office shall invite the applicant to
submit the missing drawings within the time limits referred to in paragraph (4), above; if the
applicant complies with such invitation, the Office shall allocate as filing date the date on
which the drawings are received; failing that, the Office shall allocate as filing date the date
on which the application was received and shall treat any reference to such drawings as
inadmissible.
(8) Where the Office ascertains that one or more of the conditions set out in Articles 11
and 12 of this Decree have not been satisfied, it shall invite the applicant to regularize his
application within the time limits set out in paragraph (4) of this Article.
(9) If the applicant does not comply with such invitation, the application shall be
declared inadmissible by the Office.
14.—(1) Where the filing is made in person, the filing date shall be the date of receipt
by the Office.
(2) Where the filing is made by postal means, the date and time of filing shall be that
on which the Office receives the envelope containing the application.