Missing parts of patent application

Issue summary

An applicant can supply a missing part of an application without moving the filing date, if the missing part was contained in a basic document or a provisional application. However, the same does not apply in relation to a divisional application, although a parent of a divisional is equivalent to a basic document.

This proposal would address this anomaly by possible amendment of patent reg 3.5A so that the filing date is not recalculated when filing a missing part that was contained in a parent application.

History

On hold 12 April 2018

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