178 (1) The filing date of an application referred to in subsection 27(1) of the Act as it read immediately before October 1, 1989 is the date on which the fee for filing it was paid and the following documents relating to it were filed:
(a) a statement that the granting of a patent is sought, 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 subsection (1) 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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