Patents Act, 1964
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Priority date in case of obtaining. |
50.—Where an application is made for a patent for an invention which has been claimed in a complete specification filed in pursuance of any other such application, then if— | |
(a) the Controller has refused to grant a patent in pursuance of that other application on the ground specified in paragraph (a) of subsection (1) of section 19 of this Act; or | ||
(b) a patent granted in pursuance of that other application has been revoked by the Court or the Controller on the ground specified in paragraph (a) of subsection (1) of section 19 or paragraph (c) of subsection (1) of section 34 of this Act; or | ||
(c) the complete specification filed in pursuance of the said other application has, in proceedings under section 19 , section 34 or section 35 of this Act, been amended by the exclusion of the claim relating to the said invention in consequence of a finding by the Controller or the Court that the invention was obtained by the applicant or patentee from any other person, | ||
the Controller may direct that the first-mentioned application and any specification filed in pursuance thereof shall be deemed, for the purposes of the provisions of this Act relating to the priority date of claims of complete specifications, to have been filed on the date on which the corresponding document was or was deemed to have been filed in the proceedings upon the said other application. |