S.L. 417.1 Art. 6Detail concerning filing date. Article 14.

(1) (a) Where the Comptroller finds that, at the time of receipt of an application, the requirements referred to in article 14 of the Act have not been fulfilled, he shall invite the applicant to comply with any requirement that has not been satisfied within sixty working days from the date of the invitation.

(b) Where an invitation under article 14(2)(a) of the Act has not been made because indications allowing the identity of the applicant to be established by the Office have not been filed, that application shall be deemed to have not been filed.

Provided that the condition in this subregulation shall not apply if the requirements referred to in article 14(1) of the Act have been satisfied within sixty days from the date on which one or more of the other requirements were satisfied.

(2) Where the description refers to drawings which are not included in the application, the Comptroller shall invite the applicant to furnish the missing drawing within sixty working days from the date of the invitation: Provided that where -

(a) it is not possible to issue such an invitation because indications showing the identity of the applicant have not been filed; or

(b) the missing drawings are not submitted within sixty days from the first date on which the amendments referred to in article 14(1) of the Act were received, the filing date shall be the date of the receipt of the application and any reference to the drawings shall be deemed as not having been made.

(3) (a) Where the missing drawing is filed with the Office within the sixty working day period, that drawing shall be included in the application, and, subject to paragraph (b), the filing date shall be the date on which the Office has received that part of that drawing.

(b) Where the missing part of the missing drawing is filed under paragraph (a) to rectify its omission from an application which, at the date on which one or more elements referred to in article 14(1) of the Act were first received by the Office, claims the priority of an earlier application, the filing date shall, provided that the filing date shall be accorded, upon the request of the applicant filed within sixty days from the date when the applicant has been invited to do so by the Office under article 14(2) of the Act or where no such invitation has been made within sixty days from the date on which one or more elements referred to in article 14(1) of the Act were first received by the Office, be the date on which all the requirements prescribed by article 14(1) and (3) of the Act are complied with: Provided further that subject to regulation 20(2) -

(i) a copy of the earlier application shall be filed within the time limit applicable under paragraph

(a) or (b);

(ii) a copy of the earlier application, and the date of filing of the earlier application, certified as correct by the Office with which the earlier application was filed, shall be filed upon invitation by the Office, within four months from the date of that invitation, or the time limit applicable under regulation 20(1), whichever expires earlier;

(iii) where the earlier application is not in one of the official languages of the Office, a translation of the earlier application shall be filed within the time limit applicable under paragraph (a) or (b);

(iv) the missing part of the description or missing drawing shall be completely contained in the earlier application;

(v) the application, at the date on which one or more elements referred to in article 14(1) of the Act were first received by the Office, contained an indication that the contents of the earlier application were incorporated by reference in the application;

(vi) an indication shall be filed within the time limit applicable under paragraph (a) or (b) as to where, in the earlier application or in the translation referred to in subparagraph (iii), the missing part of the description or the missing drawing is contained.