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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.
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