52 Requirements for examination of Treaty application

(1)

The Commissioner must not, in relation to a Treaty application, exercise the Commissioner’s powers under subpart 6 (which relates to examination of patent applications) until—

(a)

the applicant has fulfilled the applicant’s obligations under Article 22(1) or 39(1) of the Patent Cooperation Treaty; and

(b)

the prescribed time limit has expired; and

(c)

if applicable, a translation of the international application into English has been filed with the Commissioner and verified to the satisfaction of the Commissioner; and

(d)

all prescribed documents have been filed; and

(e)

all fees required to be paid under this Act and the regulations have been paid.

(2)

However, the Commissioner may exercise the Commissioner’s powers under subpart 6 at any time before all of the requirements in subsection (1) are satisfied if—

(a)

the applicant makes a request under section 64; and

(b)

the Commissioner considers that it is desirable to exercise those powers despite the fact that 1 or more of those requirements have not been satisfied.

(3)

Section 65 is subject to this section.

Compare: 1953 No 64 s 26G