Patents Act, 1970
17. Power of Controller to make orders respecting dating
of application.
(1) Subject to the provisions of section 9, at any time after
the filing of an application and before acceptance of the complete
specification under this Act, the Controller may, at the request of the
applicant made in the prescribed manner, direct that the, application shall be
post-dated to such date as may be specified in the request, and proceed with
the application accordingly:
PROVIDED that no application shall be post-dated under
this sub-section to a date later than six months from the date on which it was
actually made or would, but for the provisions of this sub-section, be deemed
to have been made.
(2) Where an application or specification (including drawings)
is required to be amended under clause (b) of sub-section (1) of section 15,
the application or specification shall, if the Controller so directs, be deemed
to have been made on the date on which the requirement is complied with or where
the application or specification is returned to the applicant, on the date on
which it is re-filed after complying with the requirement.