37 Filing of complete specification after provisional specification has been filed

(1)

If a patent application is accompanied by a provisional specification, 1 or more complete specifications must be filed within the period allowable under subsection (2).

(2)

The period allowable isβ€”

(a)

the period within 12 months from the filing date of the patent application; or

(b)

an extended period not exceeding the prescribed period if, on or before the date on which the complete specification is filed,β€”

(i)

a request for an extension of time in which to file the complete specification is made to the Commissioner in the prescribed manner (if any); and

(ii)

the prescribed penalty (if any) is paid.

(3)

A patent application referred to in subsection (1) must be treated as having been abandoned if a complete specification is not filed within the period allowable under subsection (2).

(4)

If 2 or more patent applications accompanied by provisional specifications have been filed for inventions that are cognate, or of which one is a modification of another,β€”

(a)

a single complete specification may be filed for those applications; or

(b)

if more than 1 complete specification has already been filed, a single complete specification may, with the leave of the Commissioner, be proceeded with in respect of those applications.

(5)

Subsection (4) is subject to subsections (1) to (3) and sections 38 to 45.

Compare: 1953 No 64 s 9(2), (3)