Patents Act, 1992

Rights conferred by patent application after publication.

44.—(1) A patent application shall, on and from the date of its publication under section 28 , provisionally confer upon the applicant such protection as is conferred by virtue of sections 40 to 43 .

(2) A patent application shall be deemed never to have had the effects set out in subsection (1) if it is withdrawn, is deemed to be withdrawn or is finally refused.