Patent Rules

Version of section 147 from 2006-03-22 to 2010-09-30:

  •  (1) For the purposes of subsection 28(1) of the Act, the filing date of an application, other than a PCT national phase application, is the date on which the fee set out in item 1 of Schedule II has been paid and the following documents relating to the application have been filed:

    • (a) a petition executed by the applicant or a patent agent on the applicant’s behalf;

    • (b) a specification, including claims;

    • (c) any drawing referred to in the specification; and

    • (d) an abstract of the description, which abstract may be inserted at the beginning of the specification.

  • (2) Where paragraphs (1)(a) to (c) have been complied with in respect of an application, the application may, notwithstanding that the whole of that subsection has not been complied with, be given a filing date by the Commissioner if the Commissioner is satisfied that it would be unjust not to do so, and in such case, the filing date given to the application is the day on which paragraphs (1)(a) to (c) were complied with by the applicant.

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