Missing parts of patent application

At a glance

Policy ID: 78

Status: On hold

Priority: Medium

Patents

Issue summary

An applicant can supply a missing part of an application without moving the filing date, if the missing part was contained in a basic document or a provisional application. However, the same does not apply in relation to a divisional application, although a parent of a divisional is equivalent to a basic document.

This proposal would address this anomaly by possible amendment of patent reg 3.5A so that the filing date is not recalculated when filing a missing part that was contained in a parent application.

Comments

Issue to be considered in future. Other matters of higher priority will be considered first.

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