Patents Acts (1953 to 1996) by Parliamentary Counsel
016
. . . . .:
Application, Investigation, Opposition, etc.
20
Acceptance and publication of complete specification
20. Acceptance and publication of complete specification---(1) Subject
to the provisions of section 19 of this Act, the complete specification
filed in pursuance of an application for a patent may be accepted by the
Commissioner at any time after the applicant has complied with the
requirements mentioned in subsection (1) of that section, and if not so
accepted within the period allowed under that section for compliance
with those requirements, shall be accepted as soon as may be thereafter:
Provided that the applicant may give notice to the Commissioner
requesting him to postpone acceptance until such date, not being later
than 18 months from the date of filing of the complete specification, as
may be specified in the notice; and if such notice is given and, where
the notice requests a postponement to a date later than 15 months from
the date aforesaid, the prescribed fee is paid, the Commissioner may
postpone acceptance accordingly.
(2) On the acceptance of a complete specification the Commissioner
shall give notice to the applicant, and shall advertise in the Journal
the fact that the specification has been accepted, and thereupon the
application and the specification or specifications filed in pursuance
thereof shall be open to public inspection.
(3) Any reference in this Act to the date of the publication of a
complete specification shall be construed as a reference to the date of
issue of the Journal containing the advertisement as aforesaid.
[(4) After the date of the publication of a complete specification and
until the sealing of a patent in respect thereof, the applicant shall
have the like privileges and rights as if a patent for the invention had
been sealed on the date of the publication of the complete
specification, except that the applicant shall not be entitled to
institute any proceedings for infringement until the patent has been
sealed.
(5) Notwithstanding anything in the Limitation Act 1950, where it is
alleged that an infringement has occurred in the period commencing with
the date of the publication of the complete specification and ending
with the date on which the patent is sealed, the period of limitation
for taking an action in respect of that infringement shall be---
(a) Six years from the date of the alleged infringement; or
(b) Three years from the date of the sealing of the patent,---
whichever is the later.]
Cf. Patents Act 1949, s. 13 (U.K.); 1921-22, No. 18 ss. 11, 12;
1946, No. 32, s. 5
Subss. (4) and (5) were substituted for the original subs (4) by
s. 3 of the Patents Amendment Act 1996.