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Please correct me if I interpret wrongly:
i) Section 9(1) states that a Complete specification after filing of Provisional specification should be filed within 12 months of the filing date of the provisional application.ii) Post-dating of the patent can be done only to the date of filing of the complete specification
iii) Under Section 17(1), the applicant has the option of filing a request to the Controller to post-date any application by a maximum period of six months from the original filing date.
My Question: Suppose a person X files provisional on 1.1.2020, files complete on 1.8.2020. Can he post date the application upto 31.1.2020 ?
Can applicant post-date the provisional application under Section 17, if a Complete specification has already been filed after filing of Provisional? -
As per section 9(4), the provisional specification can be cancelled and the date of filing the complete specification will now be the priority date.
Section 17(1) gives a timeline to sec9(4) says that the provisional specification can be at maximum post-dated to 6 months.
Response to your questions is that the provisional can be post-dated till 31-06-2020.
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