9. Provisional and
complete specifications.- *[(1) Where an application
for a patent (not being a convention application or an application
filed under the Patent Cooperation Treaty designating India)
is accompanied by a provisional specification, a complete
specification shall be filed within twelve months from the
date of filing of the application, and if the complete specification
is not so filed, the application shall be deemed to be abandoned.]
(2) Where two or more applications in the name of the same
applicant are accompanied by provisional specifications in
respect of inventions which are cognate or of which one is
a modification of another and the Controller is of opinion
that the whole of such inventions are such as to constitute
a single invention and may properly be included in one patent,
he may allow one complete specification to be filed in respect
of all such provisional specifications.
*[Provided that the period of time specified under sub-section
(1) shall be reckoned from the date of filing of the earliest
provisional specification.]
*[(3) Where an application for a patent (not being a convention
application or an application filed under the Patent Cooperation
Treaty designating India) is accompanied by a specification
purporting to be a complete specification, the Controller
may, if the applicant so requests at any time within twelve
months from the date of filing of the application, direct
that such specification shall be treated, for the purposes
of this Act, as a provisional specification and proceed with
the application accordingly.
(4) Where a complete specification has been filed in pursuance
of an application for a patent accompanied by a provisional
specification or by a specification treated by virtue of a
direction under sub-section (3) as a provisional specification,
the Controller may, if the applicant so requests at any time
before *[grant of patent], cancel the provisional specification
and post-date the application to the date of filing of the
complete specification.
(5) As a provisional specification, the Controller may, if
the applicant so requests at any time before the acceptance
of the complete specification, cancel the provisional specification
and post- date the application to the date of filing of the
complete specification.
*[Substituted, proviso to sub-section (2) inserted by Patents
(Amendment) Act, 2005, section 7]
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