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Section 25

New section 33d

of Patents (Amendment) Act 2022

Amendment ActIn forceProvision 25 of 69
Section 25

The principal Act is amended by inserting after section 33c the following section:

“Publication of application

Quoted provision

Section 33d

(1)

Subject to section 30a, the Registrar shall publish in the Official Journal the prescribed information relating to a patent application to the extent that such information is in the possession of the Registrar—

(a)

after eighteen months from the filing date, or if right of priority is claimed, the priority date of a patent application; or

(b)

at the request of the applicant for an early publication before the period specified in paragraph (a) in the form as determined by the Registrar together with the payment of the prescribed fee.

(2)

A patent application shall not be published under subsection (1) if—

(a)

the patent application is abandoned, withdrawn, deemed to be withdrawn or refused on or before the expiry of the period specified in paragraph (1)(a); or

(b)

the Registrar finds that the application contains any information which contravenes public order or morality.

(3)

A request for an early publication under paragraph (1)(b)

shall not be revoked.

(4)

This section shall not apply to an international application made under the Patent Cooperation Treaty.”.

Amendment of section 34