52 Requirements for examination of Treaty application


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—


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


the prescribed time limit has expired; and


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


all prescribed documents have been filed; and


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


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—


the applicant makes a request under section 64; and


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.


Section 65 is subject to this section.

Compare: 1953 No 64 s 26G