Postdating the new dating site in 2016


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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.

A peek into the legislation of certain jurisdictions might prompt us to reconsider these decisions to post-date applications.

To begin, upon filing an International Application (PCT Application), the priority of a post-dated application can be claimed only if, at the time of post-dating the application, the deadline to file a PCT application had not expired (Rule 26Bis.1(C)).

The statute indirectly specifies that the deadline to file a Convention Application in Europe will be calculated from the original filing date and not from the new filing date.