Subpart 2—Specifications

36 Complete and provisional specifications

(1)

Every patent application must—

(a)

be accompanied by a complete specification or a provisional specification unless the application is a convention application; and

(b)

be accompanied by a complete specification if the application is a convention application.

(2)

The Commissioner may direct that a specification that purports to be a complete specification be treated as a provisional specification if—

(a)

the applicant requests, at any time before the acceptance of the specification, that the Commissioner make that direction; and

(b)

the patent application is not a convention application.

(3)

A person is not entitled to make a request under subsection (2) if the patent application and specification filed in respect of the application have become open to public inspection.

(4)

If the Commissioner makes a direction under subsection (2), the complete specification must be treated, for the purposes of this Act, to be, and to have always been, a provisional specification.

(5)

The Commissioner may cancel a provisional specification and post-date the patent application to the filing date of a complete specification if—

(a)

a complete specification has been filed for a patent application that was accompanied by a provisional specification or by a specification treated as a provisional specification under subsection (2); and

(b)

the applicant requests, at any time before the acceptance of the complete specification, that the Commissioner cancel the provisional specification and post-date the application.

(6)

A request under subsection (2) or (5) must be made in the prescribed manner (if any).

Compare: 1953 No 64 s 9(1), (4), (5); Patents Act 1990 s 37 (Aust)