Supplementary Order Paper No 120

Clause 302

Replace clause 302(1) and (2) (lines 21 to 33 on page 160) with:

  • (1) Despite section 301,—

    • (a) a complete specification may not be filed under the Patents Act 1953 on or after the commencement of Part 3 of this Act (unless section 304 applies to the complete specification); and

    • (b) the complete specification must instead comply with, and be filed under, this Act; and

    • (c) on and from the date on which the complete specification is filed, this Act applies in respect of the patent application (and any application, request, notice, or other proceeding relating to it) as if it were made under this Act (including as to the priority date).

  • (2) Subsection (1) applies whether the complete specification is filed for one of the following reasons or any other reason:

    • (a) only a provisional specification was filed before that commencement; or

    • (b) the original complete specification was directed (whether before or after that commencement) to be treated as a provisional specification under section 9(4) of the Patents Act 1953.