Revised Laws of Saint Lucia (2021)

632.   Examination of applicationn

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    (1)   When the complete specification has been filed in respect of an application for a patent, the application and specification or specifications shall be referred by the Registrar to the Crown Attorney.

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    (2)   If the Crown Attorney reports that the application or any specification filed in pursuance thereof does not comply with the requirements of this Title or of any rules made by the Cabinet thereunder, or that there is lawful ground of objection to the grant of a patent in pursuance of the application, the Registrar may either—

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      (a)      refuse to proceed with the application; or

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      (b)      require the application or any such specification as aforesaid to be amended before he or she proceeds with the application.

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    (3)   At any time after an application has been filed under this Title and before acceptance of the complete specification, the Registrar may, at the request of the applicant and upon payment of the prescribed fee, direct that the application shall be post-dated to such date as may be specified in the request:

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    Provided that no application shall be post-dated under this paragraph to a date later than 6 months from the date on which it was actually made or would, but for this paragraph, be deemed to have been made.

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    (4)   Where an application or specification filed under this Title is amended before acceptance of the complete specification, the Registrar may direct that the application or specification shall be post-dated to the date on which it is amended, or, if it has been returned to the applicant, to the date on which it is refiled.

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    (5)   Rules made by the Cabinet under this Title may make provision for securing that where, at any time after an application or specification has been filed under this Title and before acceptance of the complete specification, a fresh application or specification is filed in respect of any part of the subject matter of the first mentioned application or specification, the Registrar may direct that the fresh application or specification shall be ante-dated to a date not earlier than the date of filing of the first-mentioned application or specification.

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    (6)   An appeal shall lie to the Crown Attorney from any decision of the Registrar under paragraph (2) or paragraph (4) of this article.