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Patents and Designs Act 1907

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This is the original version (as it was originally enacted).

6Comparison of provisional and complete specification

(1)Where a complete specification is left after a provisional specification, the comptroller 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 comptroller 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 comptroller 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 comptroller 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 treat the claim for the additional invention included in the complete specification as an application for that invention made on the date at which the complete specification was left.

(4)A refusal of the comptroller to accept a complete specification shall be subject to appeal to the law officer, who shall, if required, hear the applicant and the comptroller and may make an order determining whether and subject to what conditions (if any) the complete specification shall be accepted.

(5)Unless a complete specification is accepted within twelve months from the date of the application, the application shall (except where an appeal has been lodged) become void. Provided that, where an application is made for an extension of time for the acceptance of a complete specification, the comptroller shall, on payment of the prescribed fee, grant an extension of time to the extent applied for but not exceeding three months.

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