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 the grant of the patent 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) or any other document is required to be amended under section 15, the application or specification or other document
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 or other document is returned to the applicant, on the date on
which it is re-filed after complying with the requirement.