This issue was considered in the case of Standipack Pvt. In such an event, a practice has arisen by which a formal complete specification is filed within the twelve months period.
The date of the complete specification is then postdated.
The repealing of this provision draws attention to the legislative intent which could have been to make the deadline of filing a complete specification stricter and non-extendable.
The courts may interpret that since Section 17 is subject to the provisions of Section 9, a post-dating under Section 17 will not extend the deadline imposed by Section 9(1).
An application under the PCT can be filed thereafter designating all countries including India and then filing a national phase in India based on that PCT.
Care must be taken, however, that the priority application should be abandoned well within the eighteen months period to ensure that the parent application is not published which means that the national phase in India must be filed soon after filing of the international application under the PCT.
A provisional patent application is usually filed with a singular purpose – To gain the first (earliest) filing date or to gain priority for the application.
Accordingly, therefore, in future, the mechanism of extending the time for filing a complete specification by a period of six months when information is not available at the twelve months threshold, will not be available if the application is accompanied by a provisional specification.
Sub-section 1 of Section 9 clearly states that where an application for a patent is accompanied by a provisional specification, a complete specification shall be filed within 12 months from the date of filing of the application and if the complete specification is not so filed, the application shall be deemed to be abandoned. This makes it clear that the date of the provisional specification cannot be postdated.
This clearly means that the powers of the Controller under Section 17 for postdating an application are fettered by the provision of Section 9(1) that a complete specification must be filed within 12 months from the date of filing of the application. It was found that in several cases inventors / applicants are unable to provide sufficient data to file an adequate complete specification within 12 months of the filing date of the provisional specification.
The rent check of 5 cleared, but wiped out my balance, which was supposed to cover other checks and ATM withdrawals. One section, Article 4, 4/401(c), says: "A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice [such as stop payment] to the bank of the postdating."As far as whether it's illegal to postdate a check, it's not.
The checks usually aren't cashed until the first of the month and they clear my account on the second or third. The Answer: This is an important lesson for people, and a potentially expensive one for you: It doesn't matter what date is on a check -- it can still be cashed. She noted that such matters are governed by the Uniform Commercial Code, which concerns general business practices. There are no Federal Reserve regulations, which cover banking, that govern the payment of post-dated checks, said spokeswoman Anne Di Teodoro.