Industrial and Commercial Property (Protection) Act, 1927

Comparison of provisional and complete specifications.

17.—(1) Where a complete specification is left after a provisional specification, the controller shall refer both specifications to an examiner.

(2) If the examiner reports that the complete specification has not been prepared in the prescribed manner, the controller may refuse to accept the complete specification until it has been amended to his satisfaction.

(3) If the examiner reports that the invention particularly described in the complete specification is not substantially the same as that which is described in the provisional specification the controller may—

(a) refuse to accept the complete specification until it has been amended to his satisfaction; or

(b) (with the consent of the applicant) cancel the provisional specification and treat the application as having been made on the date at which the complete specification was left, and the application shall have effect as if made on that date:

Provided that where the complete specification includes an invention not included in the provisional specification, the controller may allow the original application to proceed so far as the invention included both in the provisional and in the complete specification is concerned, and allow an application for the additional invention included in the complete specification to be made and treated as an application for that invention made on the date at which the complete specification was left.

(4) An appeal shall lie from the decision of the controller under this section to the law officer, who shall, if required, hear the applicant and the controller, and may make an order determining whether and subject to what conditions (if any) the complete specification shall be accepted.