Accordingly, therefore, in future, the mechanism of extending the time for filing a complete specification by a period of six months when information is not available at the twelve months threshold, will not be available if the application is accompanied by a provisional specification.Under these circumstances, the only mechanism by which the change of date will be allowed is under Section 9(4) and the mechanism is as follows: A complete specification must be filed within twelve months of the filing of the provisional specification.Get the latest Amarillo news straight to your phone!Apple | Android According to court documents, Sharla Bradshaw was indicted for postdating checks in exchange for cash to the benefit of Lipscomb County employees. She was arrested yesterday, only spending a few hours in jail, before she posted bond of ,000.On the subject of post-dating, the RAC cited the following quote: “The applicant gets more time for filing a complete specification for putting his application in order but at the risk of having his patent wholly or partially invalidated by some disclosure or application made meanwhile.” (Terrell, , page 39.) Interpretation Sections 9(1) and 9(4) of the Patents Act are the most relevant when interpreting the scope of Section 17(1) of the act.Section 9(4) deals with post-dating the application, according to which the post-dating of the patent can be done only to the date of filing the complete specification where the complete specification has already been filed pursuant to the provisional application.Section 17(1) appears not to apply in the case where the complete specification has already been filed pursuant to the provisional application due to the fact that Section 17(1), which allows post-dating by up to six months, is prefaced by the words “Subject to the provisions of Section 9”, and Section 9(4) allows post-dating in similar cases by more than six months.This preface infers that Section 17 is subservient to Section 9 of the Patents Act, and that if any provision of Section 17(1) conflicts with the mandate contained in Section 9, Section 9 will govern.
Sub-section 1 of Section 9 clearly states that where an application for a patent is accompanied by a provisional specification, a complete specification shall be filed within 12 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. This makes it clear that the date of the provisional specification cannot be postdated.
If an applicant needs more than the prescribed period to file a complete specification, an applicant may post-date a patent application, accompanied by a provisional specification.
In patents, post-dating refers to the shift of the priority date of a patent application to a later date.
Care must be taken, however, that the priority application should be abandoned well within the eighteen months period to ensure that the parent application is not published which means that the national phase in India must be filed soon after filing of the international application under the PCT.
The tax assessor-collector for Lipscomb County is out on bond after being indicted for abuse of official capacity.