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Section 27

Right of priority

of Patents Act 1983

ActIn forceProvision 32 of 141
Section 27
(1)

An application may contain a declaration claiming the right of priority, pursuant to any international treaty or Convention, of one or more earlier national, regional or international applications filed in respect of the same invention for which the application is made, during the period of twelve months immediately preceding the filing date of the application containing the declaration, by the applicant or his predecessor in title in or for any party to the said international treaty or

Convention.

(1A)

The period of twelve months mentioned in subsection (1) may not be extended under section 82.

Patents 27

(1B)

Where the applicant fails to claim the right of priority during the period of twelve months referred to in subsection (1), the right of priority may be restored if—

(a)

a request for restoration of right of priority is made by the applicant to the Registrar in the form as determined by the

Registrar together with the payment of the prescribed fee; and

(b)

such request under paragraph (a) fulfils the conditions as prescribed.

(2)

Where the application contains a declaration under subsection (1), the Registrar may require that the applicant furnish, within the prescribed period, a copy of the earlier application, certified as correct by the office with which it was filed or where the earlier application is an international application filed under any international treaty, by the International Bureau of the World Intellectual Property

Organization.

(3)

The effect of the declaration referred to in subsection (1) shall be as provided in the treaty or Convention referred to therein.

(4)

Where any of the requirements of this section or any regulations pertaining thereto have not been complied with, the declaration referred to in subsection (1) shall be deemed to be invalid.